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SHARPE v. CURETON

Nos. 00-5805, 00-6089, 00-6361 and 00-6362.

319 F.3d 259 (2003)

Gary G. SHARPE; William G. Potter; Kenneth F. Scarbrough; Frank E. Potter; William H. McGinnis, Plaintiffs-Appellants/Cross-Appellees, Plaintiffs-Appellees/Cross-Appellants, v. Bruce CURETON, Chief, in his individual and official capacities; Victor Ashe, Mayor, in his individual and official capacities; City of Knoxville, Defendants-Appellees/Cross-Appellants, Defendants-Appellants/Cross-Appellees, Robert Pressley, Deputy Fire Chief, in his individual and official capacities, Defendant-Appellee, Defendant, Defendant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 13, 2003.

Attorney(s) appearing for the Case

Diane Marie Messer (briefed), Wanda G. Sobieski (argued and briefed), Sobieski, Messer & Associates, Knoxville, TN, for Plaintiffs-Appellants Cross-Appellees in 00-5805, 00-6089, Plaintiffs-Appellees Cross-Appellants in 00-6361, 00-6362.

Robert H. Watson, Jr. (argued and briefed), John C. Duffy (briefed), Watson, Hollow & Reeves, Knoxville, TN, Michael S. Kelley (briefed), City of Knoxville, Law Department, Knoxville, TN, for Defendants-Appellees Cross-Appellants in 00-5805, 00-6089, Defendants-Appellants Cross-Appellees in 00-6361, 00-6362.

Before: NORRIS and BATCHELDER, Circuit Judges; FORESTER, Chief District Judge.

OPINION

FORESTER, Chief District Judge.

Immediately after being re-elected as Mayor of Knoxville, Tennessee, in September, 1995, Victor Ashe ordered Bruce Cureton, Fire Chief of the City of Knoxville, to transfer five Knoxville Fire Department firefighters to undesirable locations, ostensibly in retaliation for the firefighters' support of Ashe's opponent in the election. When these firefighters, Gary Sharpe ("Sharpe"), William Potter ("W.Potter"), Kenneth...

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