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COLE v. CITY OF MEMPHIS

Nos. 15-5725/5999.

839 F.3d 530 (2016)

Lakendus COLE; Leon Edmond, individually and as representatives of all others similarly situated, Plaintiffs-Appellees, v. CITY OF MEMPHIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 17, 2016.

Attorney(s) appearing for the Case

ARGUED: J. Michael Fletcher , City of Memphis, Memphis, Tennessee, for Appellant. Robert L. J. Spence, Jr. , The Spence Law Firm, Memphis, Tennessee, for Appellees. ON BRIEF: J. Michael Fletcher , Zayid A. Saleem , Barbaralette G. Davis , City of Memphis, Memphis, Tennessee, for Appellant. Robert L. J. Spence, Jr. , Bryan M. Meredith , E. Lee Whitwell , The Spence Law Firm, Memphis, Tennessee, for Appellees.

GIBBONS, J., delivered the opinion of the court in which DONALD, J., joined, and GRIFFIN, J., joined in part. GRIFFIN, J. (pp. 543-45), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Lakendus Cole, a Memphis police officer, was arrested in the early morning hours of August 26, 2012, shortly after leaving a night club on Beale Street in downtown Memphis, Tennessee. After his arrest, he brought claims individually and on behalf of those similarly situated, alleging that the...

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