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Estate of Collins v. Wilburn

United States District Court, E.D. Kentucky, Northern Division

November 28, 2017

ESTATE OF BILLY COLLINS, JR., BILLY JOE COLLINS, ADMINISTRATOR, PLAINTIFF,
v.
STEPHEN WILBURN, et al., DEFENDANTS.

          MEMORANDUM OPINION AND ORDER

          HENRY R. WILHOIT, JR. UNITED STATES DISTRICT JUDGE.

         This matter is before the Court upon Plaintiffs Motion for Reconsideration and For Findings of Fact [Docket No. 105]. The matter has been fully briefed by the parties [Docket Nos. 107 and 108]. For the reasons set forth herein, the Court will overrule the motion.

         I.

         This case arises from the arrest of Billy Collins, Jr. on May 29, 2015 in Louisa, Kentucky. In its Complaint, the Estate of Billy Collins, Jr., Billy Joseph Collins, Administrator alleged that Defendants Stephen Wilburn, Jordan Miller, Chief Greg Fugitt, the Louisa City Police Department, and the City of Louisa, Kentucky, as well as co-Defendants Lawrence County, Kentucky, Lawrence County Sheriffs Office, Lawrence County Sheriff Garrett Roberts, Deputy Mason Keefer, and Deputy Douglas Wilhite, through 42 U.S.C. § 1983, violated Billy Collins Jr.'s rights under the United States Constitution to be free from unreasonable use of force, that Chief Fugitt failed to properly train or supervise his subordinates, and that the City of Louisa and LPD should be held vicariously liable for such violations by virtue of respondeat superior. Plaintiff also alleged negligent use of force under Kentucky law, and sought compensatory and punitive damages.

         This Court dismissed the claims against the Lawrence County Defendants and, ultimately, found that the remaining Defendants were entitled to judgment as a matter of law. Specifically, this Court found that the Defendants were entitled to qualified immunity as to the claims against them in their individual capacities and that the claims against them in their official capacities, as well as the claims against the City of Louisa and its Police Department, failed as a matter of law. The Memorandum Opinion and Order and Judgment entered on September 15, 2017 extinguished Plaintiffs case.

         Plaintiff asks this Court to revisit its decision, arguing that Fed.R.Civ.Proc. 52(a)(5) and (6)(b) warrant reconsideration.

         II.

         Rule 52 provides:

(a) Findings and Conclusions.
(1) In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.
. . . .
(5) Questioning the Evidentiary Support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings.
(6) Setting Aside the Findings. Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
(b) Amended or Additional Findings. On a party's motion filed no later than 28 days after the entry of judgment, the court may amend its findings-or make additional findings-and may amend the judgment accordingly. The motion ...

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