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Kyle Plush wrongful death lawsuit can proceed against 5 Cincinnati employees, appeals court says Appeals court hears Kyle Plush wrongful death lawsuit arguments By Jennifer Edwards Baker | December 16, 2020 at 4:58 PM EST - Updated December 16 at 8:58 PM CINCINNATI (FOX19) - The Kyle Plush wrongful death lawsuit can proceed against five former and current employees in their individual capacities, but not in their official capacities and not the city itself, the Ohio First District Court of Appeals ruled Wednesday. The decision partially overturns a lower court decision but still returns the case to that court for a trial. The city wanted it entirely tossed out. ....