COLE, J., delivered the opinion of the court, in which SILER, J., joined. RYAN, J. (pp. 545-46), delivered a separate opinion concurring in part and dissenting in part. OPINION R. GUY COLE, JR., Circuit Judge. Plaintiff-Appellee Carolyn Phillips, the representative of Sonya Denise Phillips’s Estate (hereinafter “the Estate”), filed this claim under 42 U.S…
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