WATERS v. CITY OF MORRISTOWN, TN

No. 00-5019.

242 F.3d 353 (2001)

Kathryn M. WATERS, Plaintiff-Appellant, v. CITY OF MORRISTOWN, TENNESSEE; Merlin E. Shuck, individually and in his official capacity as a Morristown Alderman/Morristown City Councilman; Jerry Graham, individually and in his official capacity as Lieutenant in the Morristown Police Department, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 22, 2001.


Attorney(s) appearing for the Case

James R. Moore (argued and briefed), Moore & Brooks, Judith Elaine Burke (briefed), Toppenberg & Burke, Knoxville, TN, for Appellant.

Pamela L. Reeves (argued and briefed), Watson, Hollow & Reeves, Knoxville, TN, Denise T. Stapleton (argued and briefed), Terry, Terry and Stapleton, Morristown, TN, for Appellees.

Before: DAUGHTREY and GILMAN, Circuit Judges; HEYBURN, District Judge.


OPINION

RONALD LEE GILMAN, Circuit Judge.

Kathryn M. Waters brought suit against Veterinarian and City Alderman Merlin E. Shuck, Police Officer Jerry Graham, and the city of Morristown, Tennessee pursuant to 42 U.S.C. § 1983, contending that they had unlawfully deprived Waters of her constitutionally protected rights. The district court granted the defendants' motion for summary judgment, concluding that Dr. Shuck had not acted under color of state...

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