AMELKIN v. McCLURE

No. 96-5942.

168 F.3d 893 (1999)

Stephen AMELKIN, Broadway Chiropractic; Dr. Brian Christopher Fee; Stuart Lyon; Nicolas Baker; David Kaplan; James W. Chambers; Sidney Hanish; Rhoda Daniels; Thomas H. Watson; Kenneth W. Wall; James Bogard, doing business as Bogard & Associates, Plaintiffs-Appellees, City of Louisville, Division of Police, Plaintiff, v. Ann McCLURE, Document Custodian; Gary Rose, Commissioner of Department of State Police; Ben Chandler, Attorney General, Defendants-Appellants, Justice Cabinet, Department of State Police, Plaintiff/Counter Defendant-Appellant, Jefferson County, Kentucky, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1999.

Rehearing and Suggestion for Rehearing Denied April 30, 1999.


Attorney(s) appearing for the Case

Mary J. Lintner (briefed), Donald L. Cox (argued), Lynch, Cox, Gilman & Mahan, Louisville, KY, for Plaintiffs-Appellees.

Denise M. Smith (briefed), Benesch, Friedlander, Coplan & Aronoff, Cincinnati, OH, Laurence J. Zielke (briefed), Pedley, Zielke, Gordinier, Olt & Pence, Louisville, KY, for Plaintiff-Appellant Justice Cabinet.

Steve Durham, Office of the General Counsel, Corrections Cabinet, William B. Pettus, Asst. Atty. Gen. (argued and briefed), Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, for Defendant-Appellant Ann McClure and Ben Chandler.

Steve Durham, Office of the General Counsel, Corrections Cabinet, Lucy B. Richardson (argued and briefed), Commonwealth of Kentucky, Justice Cabinet, General Counsel, William B. Pettus, Asst. Atty. Gen., Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, for Defendant-Appellant Gary Rose and Justice Cabinet.

Before: SUHRHEINRICH, SILER, and GILMAN, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied April 30, 1999.

GILMAN, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. SILER, J. (pp. 902-03), delivered a separate opinion concurring in part and dissenting in part.

OPINION

GILMAN, Circuit Judge.

A number of attorneys and chiropractors, as well as the proposed publisher of a commercial newspaper to be called The Accidental...

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