ERMOLD v. DAVIS

No. 16-6412.

855 F.3d 715 (2017)

David ERMOLD and David Moore, Plaintiffs-Appellants, v. Kim DAVIS, Individually and in her Official Capacity as Rowan County Clerk, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 2, 2017.


Attorney(s) appearing for the Case

ARGUED: Michael J. Gartland , DELCOTTO LAW GROUP, PLLC, Lexington, Kentucky, for Appellants. Roger K. Gannam , LIBERTY COUNSEL, Orlando, Florida, for Appellee. ON BRIEF: Michael J. Gartland , DELCOTTO LAW GROUP, PLLC, Lexington, Kentucky, Thomas Paul Szczgielski , Joseph D. Buckles , CHANEY BUCKLES SZCZYGIELSKI PLLC, Lexington, Kentucky, for Appellants. Roger K. Gannam , Matthew D. Staver , Horatio G. Mihet , LIBERTY COUNSEL, Orlando, Florida, A.C. Donahue , DONAHUE LAW GROUP, P.S.C., Somerset, Kentucky, for Appellee.

MOORE, J., delivered the opinion of the court in which SILER and GRIFFIN, JJ., joined. SILER, J. (pg. 720), delivered a separate concurrence.


OPINION

Plaintiffs-Appellants David Ermold and David Moore sought a marriage license from Rowan County, Kentucky, Clerk Kim Davis. Upon being denied the license, Ermold and Moore filed this damages-only 42 U.S.C. § 1983 action against Davis in both her individual and official capacities. The district...

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