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LANE v. TENNESSEE

No. 98-6730.

315 F.3d 680 (2003)

George LANE; Beverly Jones, Plaintiffs-Appellees, United States of America, Intervenor, v. State of TENNESSEE, Defendant-Appellant, Polk County, Tennessee, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

January 10, 2003.

Attorney(s) appearing for the Case

William J. Brown (briefed), William J. Brown & Associates, Cleveland, TN, for Appellees.

Mary M. Collier (briefed), S. Elizabeth Martin (briefed), Office of the Attorney General, Civil Litigation & Staff Services Div., Nashville, TN, for Appellant.

Sarah E. Harrington (briefed), Seth M. Galanter, United States Department of Justice, Civil Rights Division, Washington, D.C., for Intervenor.

Before MARTIN, Chief Circuit Judge; SUHRHEINRICH and SILER, Circuit Judges.

AMENDED OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

This Court initially issued an opinion in this case on July 16, 2002. We held that Lane and Jones stated claims founded in due process violations, and, under Popovich v. Cuyahoga County Court of Common Pleas, 276 F.3d 808 (6th Cir.2002) (en banc) cert. denied, ___ U.S. ___, 123 S.Ct. 72, 154 L.Ed.2d 15 (2002), Tennessee and

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