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TUCKER v. TENNESSEE

No. 06-6208.

539 F.3d 526 (2008)

Odis TUCKER, Vonnie Tucker, and Blake Tucker, Plaintiffs-Appellants, v. State of TENNESSEE, Defendant, Hardin County, a political subdivision of the State of Tennessee, and Savannah Police Department, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 29, 2008.

Attorney(s) appearing for the Case

ARGUED: William J. Brown, William J. Brown & Associates, Cleveland, Tennessee, for Appellants. Jon A. York, Pentecost & Glenn, Jackson, Tennessee, Dale Conder, Jr., Rainey, Kizer, Reviere & Bell, Jackson, Tennessee, for Appellees. ON BRIEF: William J. Brown, William J. Brown & Associates, Cleveland, Tennessee, for Appellants. Jon A. York, Brandon O. Gibson, Pentecost & Glenn, Jackson, Tennessee, Dale Conder, Jr., Rainey, Kizer, Reviere & Bell, Jackson, Tennessee, for Appellees.

VAN TATENHOVE, D.J., delivered the opinion of the court, in which GRIFFIN, J., joined. KEITH, J. (pp. 542-45), delivered a separate opinion concurring in part and dissenting in part.

OPINION

VAN TATENHOVE, District Judge.

The Appellants challenge the district court's grant of summary judgment in favor of two government entities as to their claims for accommodation under the Americans with Disabilities Act at the arrest, post-arrest detention, initial appearance, and dispositional hearing on their charges. Generally, the district court determined that either the actions at issue were not covered by the ADA and/or that the communication...

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