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ELLIS v. WASHINGTON COUNTY AND JOHNSON CITY, TENN.

Nos. 98-6178, 98-6228.

198 F.3d 225 (1999)

Nancy L. ELLIS, individually and as next friend of Catherine E. Lanthorn; Catherine E. Lanthorn, minor child of deceased, Craig W. Lanthorn, Plaintiffs-Appellants/Cross-Appellees, v. WASHINGTON COUNTY AND JOHNSON CITY, TENNESSEE; Ron Street, Chief of Police, in his Official Capacity; Sam Garland, in his Individual and Official Capacity, as a jailor employed by Johnson City; R.D. Jamerson and Billy Mitchell, Officers of the Jail, Washington County Sheriff's Department, in their Individual and Official Capacities; Fred Phillips, Successor to Ron England as Sheriff of Washington County, Tennessee, in his Official Capacity, Defendants-Appellees, R.D. Jamerson, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 30, 1999.

Attorney(s) appearing for the Case

Wanda G. Sobieski (argued and briefed), Diane Marie Messer (briefed), SOBIESKI, MESSER & ASSOCIATES, Knoxville, Tennessee, for Appellants.

Thomas J. Garland, Jr. (argued and briefed), MILLIGAN & COLEMAN, Greeneville, Tennessee, Jennifer P. Keller (argued and briefed), Ronald S. Range, Jr. (briefed), BAKER, DONELSON, BEARMAN & CALDWELL, Johnson City, Tennessee, Olen G. Haynes (briefed), ARNOLD, HAYNES & SANDERS, Johnson City, Tennessee, Richard A. Spivey (briefed), Kingsport, Tennessee, Kent E. Herrin (briefed), HERRIN, BOOZE & RAMBO, Johnson City, Tennessee, for Appellees.

Before: MERRITT, KENNEDY, and DAUGHTREY, Circuit Judges.

MERRITT, J., delivered the opinion of the court, in which KENNEDY, J., joined. DAUGHTREY, J. (pp. 229-32), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

In this wrongful death action, plaintiffs, Nancy Ellis, individually, as the mother of Craig Lanthorn, now deceased and as next friend of Catherine E. Lanthorn, and Catherine Lanthorn, individually, minor child of deceased, Craig Lanthorn...

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