ROGERS v. O'DONNELL

Nos. 12-6335, 12-6336.

737 F.3d 1026 (2013)

James J. ROGERS, Plaintiff, Garry Murphy and Brian Hensley, Plaintiffs-Appellants/Cross-Appellees, v. Sheriff Nelson O'DONNELL, et al., Defendants, Jennifer Hall Smith and David W. Smith, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2013.


Attorney(s) appearing for the Case

ARGUED: Andrew J. Horne , Horne Law Office, Louisville, Kentucky, for Appellants/Cross-Appellees. Lucy A. Pett , Stoll Keenon Ogden PLLC, Lexington, Kentucky, for Appellees/Cross-Appellants. ON BRIEF: Andrew J. Horne , Horne Law Office, Louisville, Kentucky, for Appellants/Cross-Appellees. Lucy A. Pett , R. Burl McCoy , Carl N. Frazier , Stoll Keenon Ogden PLLC, Lexington, Kentucky, Matthew W. Breetz , Bethany A. Breetz , Michasel M. Denbow , Stites & Harbison, PLLC, Louisville, Kentucky, for Appellees/Cross-Appellants.

Before: SILER, McKEAGUE and WHITE, Circuit Judges.


OPINION

McKEAGUE, Circuit Judge.

This appeal is the remnant of litigation stemming originally from offensive, but largely consensual sexual conduct among adults, three men and one woman. Investigation by the local Sheriff Department led to grand jury proceedings, an indictment, and a criminal trial in state court. The three male participants in the escapade, all local police officers, eventually faced charges of assault and witness tampering. After they...

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