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MILLS v. CITY OF BARBOURVILLE

No. 02-6404.

389 F.3d 568 (2004)

Lisa MILLS, Plaintiff-Appellant, v. THE CITY OF BARBOURVILLE; The Barbourville Police Department; Michael Broughton, in his individual and official capacities; Johnny Smith, in his individual and official capacities; Knox County; The Knox County Jail; Preston Smith, in his individual and official capacities; Ray Campbell, in his individual and official capacities; Sonja Warren, in her individual and official capacities, and Angel Mills-Rogers, in her individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 12, 2004.

Attorney(s) appearing for the Case

ARGUED: Brenda Popplewell, Somerset, KY, for Appellant. Bradford L. Breeding, Farmer, Kelley, Brown, Williams & Breeding, London, KY, Daniel G. Yeast, Travis, Pruitt, Lawless, Powers & Yeast, Somerset, KY, for Appellees. ON BRIEF: Brenda Popplewell, Somerset, KY, for Appellant. Bradford L. Breeding, Farmer, Kelley, Brown, Williams & Breeding, London, KY, Daniel G. Yeast, Travis, Pruitt, Lawless, Powers & Yeast, Somerset, KY, for Appellees.

Before: MERRITT and MOORE, Circuit Judges; DUGGAN, District Judge.

MERRITT, J., delivered the opinion of the court, in which DUGGAN, D. J., joined. MOORE, J. (p. 582), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

In this factually complicated case, plaintiff Lisa Mills was arrested and had her home searched in Knox County, Kentucky, incident to a charge of selling a marijuana cigarette to a teenager. The police...

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