The opinion
R. GUY COLE, Jr., Circuit Judge,
dissenting.
For the reasons set forth in my dissenting opinion issued today in Silvernail v. County of Kent, No. 03-1413, 385 F.3d 601 , 2004 WL 2101930 (6th Cir. September 22, 2004), I respectfully dissent in this case as well.