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11/17/2008
Hans G. Poppe
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6th Circuit allows Newby lawsuit against McKenzie Mattingly to proceed

My friend, Garry Adams, has won another case at the 6th Circuit Court of Appeals. If you live in the Louisville area, you certainly remember the Michael Newby shooting by former officer McKenzie Mattingly during an alleged drug deal. Mattingly argued the case should be dismissed beause he acted reasonably in shooting Newby. Federal Judge Simpson disagreed and denied McKenzie's motion to dismiss the case. McKenzie appealed to the 6th Circuit. Yesterday, in a unanimous opinion of a three judge panel, Simpson was affirmed. McKenzie now runs a private investigation service called Information Specialists. I'll have to talk to Garry, but I assume the case will proceed back to the trial court for a trial on the merits of the case. Hans

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