JOHNSON v. TURNER

No. 94-5919.

125 F.3d 324 (1997)

Gregory JOHNSON; Albert P. Owens; Robert Lynn Hill; Eddie Luellen, Plaintiffs-Appellants, v. Kenneth Austin TURNER, Individually and in his capacity as elected Juvenile Court Judge of Memphis and Shelby County; Herbert Lane; Michael H. Craig; A.C. Gilless, Individually and in his capacity as Sheriff of Memphis and Shelby County; Shelby County Government, a Home-Ruled County Governmental Entity Operating as a Governmental Municipality; Veronica Coleman, Individually and in her capacity as Shelby County Government Attorney-Employee; William Moore; Virginia Skinner, Individually and in her capacity as Shelby County Deputy Sheriff in charge of the criminal warrant division, Shelby County Government; Harold Horne, Individually and in his capacity as Shelby County Government Attorney-Employee, Defendants-Appellees, State of Tennessee, Intervening Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 8, 1997.

Rehearing and Suggestion for Rehearing Denied October 22, 1997.


Attorney(s) appearing for the Case

Brett B. Stein, Finley, Stein & Associates, Memphis, TN, Wayne Chastain (argued and briefed), Memphis, TN, for Plaintiffs-Appellants.

Debra L. Fessenden (argued and briefed), Thomas Edwards Hansom (briefed), Law Offices of Thomas E. Hansom, Memphis, TN, for Defendant-Appellee Kenneth Austin Turner.

Claudia Swafford Haltom, County Attorney's Office for the County of Shelby, Memphis, TN, Shawn H. Raines (briefed), Shelby County Attorney's Office, Memphis, TN, Charles B. Welch, Jr. (argued and briefed), Farris, Hancock, Gilman, Branan & Hellen, Memphis, TN, for Defendants-Appellees Herbert Lane, Michael H. Craig, Veronica Coleman, William Moore, Harold Horne.

Shawn H. Raines, Shelby County Attorney's Office, Memphis, TN, Peter M. Brown, Asst. County Attorney, Newton, MA, Charles B. Welch, Jr., Farris, Hancock, Gilman, Branan & Hellen, Memphis, TN, for Defendants-Appellees A.C. Gilless, Virginia Skinner.

Lisa A. Yacuzzo (argued), Michelle McGriff (briefed), Assistant Attorney General, Civil Division, Nashville, TN, for Intervenor-Appellee State of Tennessee.

Before: BATCHELDER and MOORE, Circuit Judges; ENSLEN, Chief District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied October 22, 1997.*

BATCHELDER, J., delivered the opinion of the court, in which ENSLEN, D. J., joined. MOORE, J. (p. 339), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BATCHELDER, Circuit Judge.

The plaintiffs in these consolidated actions challenge the constitutionality and validity of various Tennessee paternity and child...

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