Robert Eckerman v. Tennessee Department of Safety, et al

Filing

OPINION and JUDGMENT filed: REVERSED in part, AFFIRMED in part, case is REMANDED, decision for publication pursuant to local rule 206. Gilbert S. Merritt (AUTHORING) and Deborah L. Cook, Circuit Judges. The Honorable Julia S. Gibbons, Circuit Judge, recused herself in this matter due to circumstances that arose after oral argument was heard.

Case: 09-6181 Document: 006110820416 Filed: 12/20/2010 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 09-6181

FILED
Dec 20, 2010
LEONARD GREEN, Clerk

ROBERT ECKERMAN, Plaintiff - Appellant, v. TENNESSEE DEPARTMENT OF SAFETY, an agency of the State of Tennessee; GERALD NICELY, Former Department of Safety Commissioner, in his individual and official capacities; MIKE WALKER, Colonel, Tennessee Highway Patrol, in his individual and official capacities; DANNY WILSON, Lieutenant Colonel, Tennessee Highway Patrol, in his individual and official capacities; JOHN SAVAGE, Major, Tennessee Highway Patrol, in his individual and official capacities; WAYNE SPRINGER, Major, Tennessee Highway Patrol, in his individual and official capacities; FRANKIE FLOYD, Criminal Investigator, Tennessee Highway Patrol, in his individual and official capacities; DAN HOLLIS, Criminal Investigator, Tennessee Highway Patrol, in his individual and official capacities; GEORGE DITTWORTH, Captain, Tennessee Highway Patrol, in his individual and official capacities, Defendants - Appellees. Before: MERRITT and COOK, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court is REVERSED IN PART and AFFIRMED IN PART, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk