PORTA v. BOYLE

No. 83-2184.

726 F.2d 446 (1984)

Michael PORTA, Appellant, v. Mayor BOYLE, City of Omaha; Gary Buchino, City Prosecutor; Elwin Stokes, Acting Chief of Police; Officer Ronald Cahow and Officer Virgil Setterlund, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 7, 1984.


Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., Lenore Andrea Simon, Omaha, Neb., for appellant.

Denise A. Hill, Omaha, Neb., for appellees.

Before LAY, Chief Judge, BRIGHT, Circuit Judge, and HANSON, Senior District Judge.


PER CURIAM.

Plaintiff brought suit against, inter alia, the mayor of the City of Omaha, Nebraska, and two police officers for violating plaintiff's statutory and constitutional rights. Plaintiff challenges the constitutionality of Omaha's loitering and prowling ordinance, Omaha Municipal Code §§ 20-171 to 174, under which he was arrested, as being unconstitutional on its face.1

A federal magistrate concluded that...

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