Pursuant to Sixth Circuit Rule 206.
MOORE, J., delivered the opinion of the court, in which MARTIN, J., joined. KENNEDY, J. (pp. 24-26), delivered a separate opinion concurring in part and dissenting in part.
OPINION
KAREN NELSON MOORE, Circuit Judge.
Plaintiff-Appellant Henry DiCarlo ("DiCarlo") appeals the district court's grant of summary judgment in favor of Defendant-Appellee John Potter,
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