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SCARBROUGH v. MORGAN COUNTY BOARD OF EDUCATION

No. 04-6302.

470 F.3d 250 (2006)

Paul SCARBROUGH, Plaintiff-Appellant, v. MORGAN COUNTY BOARD OF EDUCATION, Perry Spurling, Individually, Randy Harlan, Individually, Deborah Lively, Individually, and Conrad Strand, Individually, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 22, 2006.

Attorney(s) appearing for the Case

ARGUED: Peter Alliman, White, Carson & Alliman, Madisonville, Tennessee, for Appellant. John C. Duffy, Knoxville, Tennessee, for Appellees. ON BRIEF: Peter Alliman, White, Carson & Alliman, Madisonville, Tennessee, Benjamin S. Pressnell, Pressnell & Harrell, Tazewell, Tennessee, for Appellant. John C. Duffy, Knoxville, Tennessee, for Appellees.

Before: SILER and CLAY, Circuit Judges; CARR, Chief District Judge.

OPINION

SILER, Circuit Judge.

Plaintiff Paul Scarbrough, the former elected school superintendent for Morgan County, Tennessee, was not appointed to the new position as the Director of Schools for the county system following the publication of a newspaper article which announced that he would be the featured speaker at a convention sponsored by a church with a predominantly homosexual congregation. He sued the Morgan County Board of Education and some of...

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