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AKERS v. ALVEY

No. 02-5037.

338 F.3d 491 (2003)

Cindy AKERS, Plaintiff-Appellant, v. Donald ALVEY and Kentucky Cabinet for Families and Children, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 29, 2003.

Petition for Rehearing Denied: October 2, 2003.

Attorney(s) appearing for the Case

ARGUED: Kenneth L. Sales, SALES, TILLMAN & WALLBAUM, Louisville, Kentucky, for Plaintiff-Appellant.

Schuyler J. Olt, PEDLEY, ZIELKE & GORDINIER, Louisville, Kentucky, Edward L. Lasley, CONLIFFE, SANDMANN & SULLIVAN, Louisville, Kentucky, for Defendants-Appellees.

ON BRIEF: Kenneth L. Sales, SALES, TILLMAN & WALLBAUM, Louisville, Kentucky, for Plaintiff-Appellant.

Schuyler J. Olt, PEDLEY, ZIELKE & GORDINIER, Louisville, Kentucky, Edward L. Lasley, Richard M. Sullivan, CONLIFFE, SANDMANN & SULLIVAN, Louisville, Kentucky, for Defendants-Appellees.

Ruth Ann Cox, Pedley, Zielke & Gordinier, Louisville, KY, John C. Lewis, Sheila F. Redmond, Cabinet for Families and Children, Frankfort, KY, for Defendants-Appellees.

Before: BOGGS and GILMAN, Circuit Judges; DOWD, District Judge.

Pursuant to Sixth Circuit Rule 206

GILMAN, J., delivered the opinion of the court, in which BOGGS, J., joined. DOWD, D.J. (pp. 500-501), delivered a separate opinion concurring in the judgment.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Cindy Akers, a former family services worker with the Kentucky Cabinet for Families and Children, brought suit in federal district court against the Cabinet and her immediate supervisor, Donald Alvey, for sexual...

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