AMERICAN CIVIL LIBERTIES v. MERCER COUNTY

No. 03-5142.

432 F.3d 624 (2005)

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY; Bart McQueary, Plaintiffs-Appellants, v. MERCER COUNTY, KENTUCKY; Charles H. McGinnis, in his official capacity as Mercer County Judge Executive, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 20, 2005.


Attorney(s) appearing for the Case

ARGUED: David A. Friedman, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellants. Francis J. Manion, American Center for Law and Justice, New Hope, Kentucky, for Appellees. ON BRIEF: David A. Friedman, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellants. Francis J. Manion, American Center for Law and Justice, New Hope, Kentucky, Mathew D. Staver, Erik W. Stanley, Liberty Counsel, Longwood, Florida, for Appellees.

Before: SUHRHEINRICH and BATCHELDER, Circuit Judges; RICE, District Judge.


SUHRHEINRICH, J., delivered the opinion of the court, in which BATCHELDER, J., joined.

RICE, D.J., concurred in the result only.

OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiffs-Appellants American Civil Liberties Union of Kentucky and Bart McQueary (collectively, "the ACLU") appeal from the order of the district court granting Defendants-Appellees Mercer County, Kentucky and Charles H. McGinnis...

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