CONTIE, J., delivered the opinion of the court, in which NELSON, J., joined. BATCHELDER, J. (pp. 1479-1482), delivered a separate opinion concurring in part and dissenting in part. CONTIE, Circuit Judge. Plaintiff-appellant, Tennessee Department of Mental Health and Mental Retardation (“TDMHMR”), appeals the district court’s grant of summary judgment to defendant-appellee, Paul B., 1</foot…
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