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GEAN v. HATTAWAY

No. 01-5749.

330 F.3d 758 (2003)

Timothy Ray GEAN; John Eric Greene; Christopher Lynn Cross, Plaintiffs-Appellees, v. George W. HATTAWAY, Commissioner of the Tennessee Department of Children's Services; Margaret Dorse, Director, Fiscal Services, Tennessee Department of Children's Services; C. Warren Neel, Commissioner of the Tennessee Department of Finance and Administration, Individually and in their Official Capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 6, 2003.

Attorney(s) appearing for the Case

Lenny L. Croce (briefed), Theresa-Vay Smith (argued and briefed), Rural Legal Services of Tennessee, Inc., Oak Ridge, TN, Irwin B. Venick (briefed), Dobbins & Venick, Nashville, TN, for Plaintiffs-Appellees.

E. Blaine Sprouse (argued and briefed), General Civil Div., Douglas E. Dimond, Office of the Attorney General, Nashville, TN, for Defendants-Appellants.

Before: BATCHELDER and CLAY, Circuit Judges; ALDRICH, District Judge.

Pursuant to Sixth Circuit Rule 206

BATCHELDER, J., delivered the opinion of the court, in which ALDRICH, D.J., joined. CLAY, J. (p. 777), delivered a separate opinion concurring in the outcome reached by the majority opinion.

OPINION

BATCHELDER, Circuit Judge.

In this interlocutory appeal, the defendants challenge the district court's denial of their motion to dismiss the plaintiffs' claims on grounds of sovereign and qualified immunity....

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