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ANDREWS v. HICKMAN COUNTY, TENN.

Nos. 10-6462, 10-6464.

700 F.3d 845 (2012)

Robert Dale ANDREWS and Patti Andrews, Plaintiffs-Appellees (10-6462 & 10-6464), v. HICKMAN COUNTY, TENNESSEE, et al., Defendants, Kelly Davis; Monica Wright; Cynthia Primm, individually in and in their official capacities, Defendants-Appellants (10-6462), Paul Wade, individually and in his official capacity, Defendant-Appellant (10-6464).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 3, 2012.

Attorney(s) appearing for the Case

ARGUED: Lindsey O. Appiah , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants in 10-6462. T. William A. Caldwell , Ortale, Kelley, Herbert & Crawford, Nashville, Tennessee, for Appellant in 10-6464. Connie Reguli , Lawcare Family Law Center, P.C., Brentwood, Tennessee, for Appellees in 10-6462 and 10-6464. ON BRIEF: Lindsey O. Appiah , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants in 10-6462. T. William A. Caldwell , W. Carl Spinning , Ortale, Kelley, Herbert & Crawford, Nashville, Tennessee, for Appellant in 10-6464. Connie Reguli , Lawcare Family Law Center, P.C., Brentwood, Tennessee, for Appellees in 10-6462 and 10-6464.

GIBBONS, J., delivered the opinion of the court, in which ADAMS, D. J., joined, and SUTTON, J., joined in all parts including the judgment, with the exception of Part IV. SUTTON, J. (pp. 864-65), delivered a separate opinion concurring in part and in the judgment.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendants Kelly Davis, Cynthia Primm, Monica Wright, and Paul Wade appeal the district court's decision denying in part their motions for summary judgment. The district court found that the defendants were not entitled to qualified immunity from plaintiffs Dale and Patricia Andrews' Fourth Amendment claim. For the following reasons, we AFFIRM the district court's decision regarding defendant Paul...

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