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FULTZ v. WHITTAKER

Civ.A. No. 3:98CV-374-H.

187 F.Supp.2d 695 (2001)

William FULTZ, Plaintiff, v. Richard WHITTAKER, et al., Defendants.

United States District Court, W.D. Kentucky, at Louisville.

May 8, 2001.

Attorney(s) appearing for the Case

Phillip Prather, Louisville, KY, William P. Emrick, Ashland, KY, David Russell Marshall, Nicholasville, KY, for plaintiff.

Sun S. Choy, Morgan & Pottinger, R. Thadeus Keal, Thompson & Miller, Dave Whalin, Robert T. Watson, Landrum & Shouse, Louisville, KY, for defendants.

MEMORANDUM OPINION

HEYBURN, Judge.

Defendants now move for summary judgment for failure to state a claim upon which relief can be granted for qualified immunity. Plaintiff, William Fultz, is paralyzed from the neck down due to a broken neck sustained during an arrest by Oldham County police officers Richard Whittaker and Kevin Nuss ("Defendant Officers"). Plaintiff's complaint under 42 U.S.C. § 1983 alleged that Defendant Officers violated the Fourth...

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