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GLEN THEATRE v. CIVIL CITY OF SOUTH BEND

No. S 85-353.

726 F.Supp. 728 (1985)

GLEN THEATRE, INC., an Indiana Corporation; Gayle Ann Marie Sutro; and Carla Johnson, Plaintiffs, v. CIVIL CITY OF SOUTH BEND; Charles Hurley, Chief of Police of the South Bend Police Department; Michael P. Barnes, Prosecutor of the County of St. Joseph, Indiana; and Linley E. Pearson, Attorney General of the State of Indiana, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

July 26, 1985.

Attorney(s) appearing for the Case

Charles A. Asher, South Bend, Ind., Lee J. Klein, Okemos, Mich., for plaintiffs.

Robert C. Rosenfeld, Deputy City Atty., William E. Daily, Indianapolis, Ind., for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This case challenges the constitutionality of Indiana's public indecency statute, I.C. § 35-45-4-1. In their complaint, the plaintiffs seek preliminary and permanent injunctive relief restraining the defendants and their agents, servants and employees from further arrests or prosecutions or threats of arrests or prosecutions under I.C. § 35-45-4-1 in the factual context of this case. They are also...

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