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HOARD v. SIZEMORE

Nos. 97-5540, 97-5585.

198 F.3d 205 (1999)

Elizabeth HOARD, Administratrix of the Estate of Russell A. Hoard; Thomas Bentley; Vernon Muncy; Nancy Wooton; Joan Gay; Carl Wooton; Nos. 97-5540/ Norman Couch; Elias Collett; Dean Adams; Stevie Caldwell; Leslie Huff; Martin Muncy; 5585 Ronnie Huff; Ronnie Sizemore; Levi Muncy; Betty Baker; Clyde Conway Vance; George Sizemore; and Steve Collins, Plaintiffs-Appellees, v. Onzie SIZEMORE, in his individual capacity as Leslie County Judge/Executive, Defendant-Appellant (97-5540), Onzie Sizemore, in his official capacity as Leslie County Judge/Executive; Ruie Caldwell, individually and in his official capacity as Magistrate of Leslie County, Kentucky; Billy Sizemore, in his official capacity as Magistrate of Leslie County, Kentucky; James H. Boggs, individually and in his official capacity as Magistrate of Leslie County, Kentucky; William Lewis, individually and in his official capacity as Magistrate of Leslie County, Kentucky; Leslie County Fiscal Court; Leslie County, Kentucky, Defendants-Appellants (97-5585).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 17, 1999.

Attorney(s) appearing for the Case

Alva A. Hollon, Jr. (argued and briefed), John O. Hollon (briefed), Sams & Hollon, Jacksonville, Florida, Kenneth A. Buckle (briefed), Hyden, Kentucky, for Plaintiffs-Appellees.

Jason E. Williams (briefed), Farmer, Kelley, Brown & Williams, London, Kentucky, for Defendant-Appellant Onzie Sizemore in No. 97-5540.

Sun S. Choy (argued and briefed), Landrum & Shouse, Louisville, Kentucky, for Defendant Ruie Caldwell in No. 97-5540.

Allen Button (briefed), Williams & Wagoner, Louisville, Kentucky, for Defendant Billy Sizemore in No. 97-5540.

William A. Hoskins, III (briefed), John W. Walters (briefed), David B. Mattingly (argued), Jackson & Kelly, Lexington, Kentucky, for Defendants-Appellants in No. 97-5585.

Before: BATCHELDER, DAUGHTREY, and GILMAN, Circuit Judges.

DAUGHTREY, J., delivered the opinion of the court, in which GILMAN, J., joined. BATCHELDER, J. (pp. 222-24), delivered a separate opinion concurring in part and dissenting in part.

OPINION

DAUGHTREY, Circuit Judge.

Before us are two appeals, both related to a § 1983 action in which the plaintiffs alleged that their First Amendment rights were violated when Onzie Sizemore, as the newly elected county judge-executive of Leslie County, Kentucky...

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