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DIXON v. CLEM

Nos. 06-5060, 06-5468, 06-5856, 96-5857.

492 F.3d 665 (2007)

David H. DIXON, Plaintiff-Appellant, v. Edward G. CLEM, Susan C. Lawson, Timothy Saylor, Michael Head, and Two Unnamed Employees of the Kentucky Attorney General, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2007.

Attorney(s) appearing for the Case

ARGUED: Jeffrey M. Blum, Law Offices of Jeffrey M. Blum, Louisville, Kentucky, for Appellant. D. Brent Irvin, Office of the Attorney General, Frankfort, Kentucky, Jonathan C. Shaw, Porter, Schmitt, Banks & Baldwin, Paintsville, Kentucky, Kris D. Mullins, Savage, Elliott, Houlihan, Moore, Mullins & Skidmore, Lexington, Kentucky, for Appellees. ON BRIEF: Jeffrey M. Blum, Law Offices of Jeffrey M. Blum, Louisville, Kentucky, for Appellant. D. Brent Irvin, Office of the Attorney General, Frankfort, Kentucky, Jonathan C. Shaw, Michael J. Schmitt, Porter, Schmitt, Banks & Baldwin, Paintsville, Kentucky, Kris D. Mullins, Robert F. Houlihan, Jr., Savage, Elliott, Houlihan, Moore, Mullins & Skidmore, Lexington, Kentucky, Johnnie L. Turner, Law Offices of Johnnie L. Turner, Harlan, Kentucky, for Appellees.

Before: CLAY, GILMAN, and McKEAGUE, Circuit Judges.

AMENDED OPINION

RONALD LEE GILMAN, Circuit Judge.

In 1996, David H. Dixon lost his job as a teacher at Cumberland High School in Harlan County, Kentucky after the revelation that he had taken topless photographs of S.C., one of his female students. A state administrative tribunal subsequently upheld his termination following a hearing in which the school introduced numerous photographs to validate its determination that Dixon had indeed engaged in "conduct...

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