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KENNEY v. CHARNOCK

Civ.A. No. 2:05-0390.

441 F.Supp.2d 769 (2006)

David KENNEY, Harold L. Summers, Jr., and Roscoe Tucker, Plaintiffs, v. William. J. CHARNOCK, individually and as the Kanawha County Prosecuting Attorney, and Kanawha County Commission, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

July 26, 2006.

Attorney(s) appearing for the Case

Lonnie C. Simmons, Rudolph L. Ditrapano, Sean P. McGinley, Ditrapano Barrett & Dipiero, Charleston, WV, for Plaintiffs.

Jeffrey B. Brannon, Johnnie E. Brown, Melissa K. Stacy, Pullin Fowler & Flanagan, Mark A. Carter, Dinsmore & Shohl, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Pending before the Court is a Motion to Dismiss by Defendants William J. Charnock, who is sued individually and as the Kanawha County Prosecuting Attorney, and the Kanawha County Commission. In their motion, Defendants assert that they are entitled to qualified immunity and, therefore, the action against them should be dismissed. Plaintiffs David Kenney, Harold L. Summers, Jr., and Roscoe Tucker assert...

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