MARBLEY, D.J., delivered the opinion of the court, in which COLE, J., joined. BATCHELDER, J. (pp. 321-23), delivered a separate opinion concurring in part and dissenting in part. OPINION MARBLEY, District Judge. Plaintiffs-Appellees Katherine and Walter Gardenhire brought this suit against the Defendant-Appellant, Algood Police Chief Donald Schubert, alleging that Chief Schubert violated…
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