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SMOAK v. HALL

No. 05-6511.

460 F.3d 768 (2006)

James W. SMOAK et al., Plaintiffs-Appellees, v. Eric HALL et al., Defendants, David Bush; Jeff Phann; Tim McHood; Brian Brock; Jerry Andrews, Lieutenant, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael B. Leftwich, Tennessee Attorney General's Office, Nashville, Tennessee, for Appellants. Mary A. Parker, Parker & Crofford, Nashville, Tennessee, for Appellees. ON BRIEF: Michael B. Leftwich, Tennessee Attorney General's Office, Nashville, Tennessee, for Appellants. Mary A. Parker, Parker & Crofford, Nashville, Tennessee, for Appellees.

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

GILMAN, J., delivered the opinion of the court.

COOK, J. (pp. 786-787) and DOWD, D.J. (pp. 787-789), delivered separate opinions concurring in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

This case provides a classic example of how plausible but unsubstantiated speculation and miscommunication on the part of law enforcement officers can cause grievous consequences to innocent citizens. It also highlights how, in...

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