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GARDENHIRE v. SCHUBERT

No. 98-6434.

205 F.3d 303 (2000)

Katherine GARDENHIRE and Walter Gardenhire, Plaintiffs-Appellees, v. Donald SCHUBERT, in his individual and official capacity as Chief of Police, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 2, 2000.

Rehearing and Suggestion for Rehearing Denied April 13, 2000.

Attorney(s) appearing for the Case

Samuel J. Harris (briefed), Lisa B. Harris (argued and briefed), Harris Law Firm, Cookeville, TN, for Plaintiffs-Appellees.

Daniel H. Rader, III (argued and briefed), Lane Moore (briefed), Moore, Rader, Clift and Fitzpatrick, Cookeville, TN, for Defendant-Appellant.

Before: BATCHELDER and COLE, Circuit Judges; MARBLEY, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 13, 2000.

MARBLEY, D.J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, J. (pp. 321-23), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MARBLEY, District Judge.

Plaintiffs-Appellees Katherine and Walter Gardenhire brought this suit against the Defendant-Appellant, Algood Police Chief Donald Schubert, alleging that Chief...

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