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WALKER v. DAVIS

No. 09-5949.

649 F.3d 502 (2011)

Denise WALKER, as Administratrix of the Estate of Thomas Brian Germany, Deceased, and Next Friend of T.A.G., a minor, Plaintiff-Appellee, v. Danny DAVIS, Allen County Deputy Sheriff, in his Individual Capacity; Sam Carter, Allen County Sheriff, in his Individual and Official Capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2011.

Attorney(s) appearing for the Case

ARGUED: Charles E. English, Jr. , English, Lucas, Priest & Owsley, LLP, Bowling Green, Kentucky, for Appellants. Trevor W. Wells , Miller Wells PLLC, Lexington, Kentucky, for Appellee. ON BRIEF: Charles E. English, Jr. , English, Lucas, Priest & Owsley, LLP, Bowling Green, Kentucky, for Appellants. Ross T. Turner , Madisonville, Kentucky, for Appellee.

KETHLEDGE, J., delivered the opinion of the court, in which KEITH, J., joined. McKEAGUE, J. (pp. 504-11), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

The facts of this case, as we are required to view them on appeal, are that Thomas Germany was killed while riding a motorcycle across an empty field, in the middle of the night, after a low-speed chase, when Deputy Sheriff Danny Davis intentionally rammed the motorcycle that he was riding. The district court held that Davis's actions, so viewed, violated Germany's clearly...

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