CA6 (Sec. 1983): Howard v. Bayes (ED Ky 8/9/2006)

Howard v. Bayes
Eastern District of Kentucky at Pikeville
Civil: Wrongful Death (1983 Action denied for failure to arrest person who then killed someone)
06a0285p.06 2006/08/09

SUHRHEINRICH, Circuit Judge. Plaintiff-Appellant Heral Howard (“Plaintiff”), as administrator of the estate of Tammy Howard, appeals the grant of summary judgment for Defendants-Appellees Paul Bayes, Pat Montgomery, and Magoffin County Fiscal Court (“Magoffin County”) (collectively, “Defendants”) on Plaintiff’s federal civil rights claim under 42 U.S.C. § 1983 and Plaintiff’s wrongful death claim under Kentucky state law. Because Plaintiff has failed to allege a cognizable procedural due process violation, and because Plaintiff cannot establish a wrongful death claim under Kentucky state law, we AFFIRM.