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PENNINGTON v. METRO. GOV., NASH. & DAVIDSON COUNTY

No. 07-5180.

511 F.3d 647 (2008)

Joe A. PENNINGTON, Plaintiff-Appellant, v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY; Joseph Bishop, individually; and Michael T. Hagar, individually, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Phillip L. Davidson, Nashville, Tennessee, for Appellant. Francis H. Young, Metropolitan Department of Law, Nashville, Tennessee, for Appellees. ON BRIEF: Phillip L. Davidson, Nashville, Tennessee, for Appellant. Francis H. Young, Metropolitan Department of Law, Nashville, Tennessee, for Appellees.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Joe A. Pennington, a Metropolitan police officer, was off duty when he became involved in an altercation at a Nashville bar. Deputy Chief Joseph Bishop and Captain Michael Hagar later requested Pennington to submit to a breathalyzer test. Pennington agreed to take the test because he was afraid that he would be terminated or suspended if he failed to comply. He subsequently...

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