United States Sixth Circuit
SHEPHERD v. WELLMAN, 01-5189
Dismissal of a 42 U.S.C. section 1983 action against a former police commissioner was proper, where the pleadings did not place him on notice that he was being sued as an individual. A sanctions award under 28 U.S.C. section 1927 was not an abuse of discretion, for an attorney's use of one case to conduct discovery in an unrelated case.
Appellate Information
- Argued 11/01/2002
- Decided 12/23/2002
- Published 12/23/2002
Judges
- Before: KEITH, KENNEDY, and MOORE, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Jeffrey M. Blum (argued and briefed), Louisville, KY, for Plaintiffs-Appellants.
- For Appellees:
- Dana C. Fugazzi (argued and briefed), Kentucky State Police Legal Office, Frankfort, KY, Stanton L. Cave (briefed), Mary E. Naumann (argued and briefed), Jackson & Kelly, Lexington, KY, Robert I. Cusick, Jr. (briefed), Steven L. Snyder (argued and briefed), Pamela J. Ledford, Wyatt, Tarrant & Combs, Louisville, KY, for Defendants-Appellees.