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LIPPOLDT v. CITY OF WICHITA, KANSAS

No. 01-1226-JTM.

265 F.Supp.2d 1228 (2003)

Donna LIPPOLDT, individually, Operation Save America, an unincorporated association, and Phillip Benham, individually Plaintiffs, v. CITY OF WICHITA, KANSAS, a political subdivision of the state of Kansas, Deputy Chief Stephen Cole, in his official and individual capacity as an agent/employee of City of Wichita, Kansas, a political subdivision of the state of Kansas, Beth Harlenske, in her official and individual capacity as an agent/employee of City of Wichita, Kansas, a political subdivision of the state of Kansas Defendants.

United States District Court, D. Kansas.

May 28, 2003.

Attorney(s) appearing for the Case

Brian R. Chavez-Ochoa, Chavez-Ochoa Law Offices, Valley Springs, CA, Donald A. McKinney, Wichita, KS, Frederick H. Nelson, American Liberties Institute, Orlando, FL, Richard A. Macias, Wichita, KS, for Plaintiffs.

Elizabeth Harlenske, Gary E. Rebenstorf, Jay C. Hinkel, Mary A. McDonald, Michael L. North, City of Wichita, Law Department, Wichita, KS, for Defendants.

Emily B. Metzger, Office of U.S. Attorney, Wichita, KS, for United States.

MEMORANDUM AND ORDER

MARTEN, District Judge.

This matter comes before the court on the defendants' motion for summary judgment (Dkt. No. 92). Plaintiffs bring this action asserting violations of the First, Fourth, and Fourteenth Amendments to the United States Constitution and under federal law, particularly 42 U.S.C. § 1983, and §§ 1, 2, 3, 7, 9, and 11 of the Kansas Bill of Rights.1 On July 16, 2001, the...

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