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AKERS v. McGINNIS

No. 01-1383.

352 F.3d 1030 (2003)

Dawn AKERS; Kim Laranger, United Automobile, Aerospace, and Agricultural Implement Workers of America, Local 6000; Akua Mitchell-Davis, Plaintiffs-Appellants, v. Kenneth McGINNIS; Robert Steinman; Marsha Foresman; Patricia Caruso; John Marshall; Edward Haggerty; George Marra; William Overton; Ruth Bare; Frank Eisenhauer; Joseph Jereckos; John Makowski; Terry Pitcher; Kirk McVittie; Gwen Rodgers, in their Personal and Official Capacities, Jointly and Severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2003.

Petition for Rehearing Denied: February 19, 2004.

Attorney(s) appearing for the Case

ARGUED: Miranda K.S. Massie, SCHEFF & WASHINGTON, Detroit, Michigan, for Appellants.

John L. Thurber, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS DIVISION, Lansing, Michigan, for Appellees.

ON BRIEF: Miranda K.S. Massie, SCHEFF & WASHINGTON, Detroit, Michigan, for Appellants.

John L. Thurber, OFFICE OF THE ATTORNEY GENERAL, CORRECTIONS DIVISION, Lansing, Michigan, for Appellees.

Michael J. Steinberg, AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Detroit, Michigan, for Amicus Curiae.

Before BOGGS, Chief Judge; and SUHRHEINRICH and CLAY, Circuit Judges.

Petition for Rehearing En Banc Denied: February 19, 2004.

Pursuant to Sixth Circuit Rule 206

BOGGS, C. J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. CLAY, J. (pp. 1044-1056), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOGGS, Chief Judge.

Plaintiffs, Dawn Akers and Kim Loranger, a current and a former employee of the Michigan Department of Corrections ("MDOC"), and their...

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