District Court, E.D. Kentucky March 30, 2007, CIV. 04-418-GFVT (Dier v. CITY OF PRESTONSBURG, KY.)

ORDER

VAN TATENHOVE, District Judge.

This matter is before the Court on the Motion for Summary Judgment filed by the Defendants. [R. 48]. The Plaintiff filed a Response [R. 57] in objection and the Defendants filed a timely Reply [R. 58] in support of their original Motion. The matter is now ripe for review. For the reasons set forth below, and in accordance with Fed.R.Civ.P.