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SPURLOCK v. SUMNER COUNTY

42 S.W.3d 75 (2001)

Robert SPURLOCK, et al. v. SUMNER COUNTY, Tennessee, et al.

Supreme Court of Tennessee, at Nashville.

April 25, 2001.

Attorney(s) appearing for the Case

Barbara J. Moss and Andrew B. Campbell, Nashville, TN, for the movant, Sumner County.

Rick Halprin, Chicago, Illinois, for the respondents, Robert Spurlock and Ronnie Marshall.

Michael Moore, Solicitor General, Michael W. Catalano, Associate Solicitor General, and Mary M. Bers, Assistant Attorney General, for the Amicus Curiae, the State of Tennessee.

OPINION

BIRCH, J., delivered the opinion of the court, in which ANDERSON, C.J., DROWOTA, HOLDER, and BARKER, JJ., joined.

This case comes to us on a question of law certified from the United States District Court for the Middle District of Tennessee.1 The question for our resolution is: "Does a sheriff, when acting in a law enforcement capacity, [act] as a state [official] or [as a]...

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