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HEDGEPETH v. TENNESSEE

No. 99-5166.

215 F.3d 608 (2000)

Andrew HEDGEPETH, Celia Burson, David McCleary, and Gaynell Metts, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. State of TENNESSEE, State of Tennessee Department of Safety, and Mike Green, in his official capacity as Commissioner of the State of Tennessee Department of Safety, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 12, 2000

Attorney(s) appearing for the Case

Michael F. Rafferty (argued and briefed), Harris, Shelton, Dunlap & Cobb, Alex Saharovich (briefed), Nahon & Saharovich, Memphis, TN, for Plaintiffs-Appellants.

S. Elizabeth Martin, Office of the Attorney General, Civil Litigation & State Services Division, Nashville, TN, for Defendant-Appellee State of Tennessee.

Mary M. Collier, Asst. Atty. General (argued and briefed), S. Elizabeth Martin, Office of the Attorney General, Civil Litigation & State Services Division, Nashville, TN, for Defendants-Appellees Tennessee Dept. of Safety and Mike Green.

Before: RYAN, MOORE, and FARRIS, Circuit Judges.

FARRIS, J., delivered the opinion of the court, in which RYAN, J., joined. MOORE, J. (pp. 616-18), delivered a separate dissenting opinion.

OPINION

FARRIS, Circuit Judge.

BACKGROUND

Andrew Hedgepeth, Celia Burson, David McCleary, and Gaynell Metts are disabled individuals who brought this action on September 12, 1997, under the federal Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., against the State of Tennessee...

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