MYERS v. POTTER

No. 04-6022.

422 F.3d 347 (2005)

Raymond Parker MYERS, Plaintiff-Appellant, v. Clement D. POTTER, individually and in his official capacity as District Attorney General for the 31st Judicial District of Tennessee; et al., Defendants, Nichole Hutchins, individually; Joe Melton, in his official capacity as Chief of Police of the City of McMinnville, Tennessee Police Department, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2005.


Attorney(s) appearing for the Case

ARGUED: Cynthia A. Wilson, Cookeville, Tennessee, for Appellant. Daniel H. Rader III, Moore, Rader, Clift & Fitzpatrick, Cookeville, Tennessee, for Appellees. ON BRIEF: Cynthia A. Wilson, Cookeville, Tennessee, for Appellant. Daniel H. Rader III, Moore, Rader, Clift & Fitzpatrick, Cookeville, Tennessee, for Appellees.

Before: RYAN, MOORE, and COOK, Circuit Judges.


RYAN, J., delivered the opinion of the court, in which COOK, J., joined.

MOORE, J. (pp. 358-59), delivered a separate concurring opinion.

OPINION

RYAN, Circuit Judge.

The plaintiff, Raymond Parker Myers, brought a 42 U.S.C. § 1983 civil rights action against defendant Police Officer Nichole Hutchins, in her individual capacity, and defendant Police Chief Joe Melton, in his official capacity, for violations of Myers's rights under the...

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