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STEWART v. CITY OF RED WING

Civil No. 06-4872 (JRT/FLN).

554 F.Supp.2d 924 (2008)

Jesse STEWART, et al., Plaintiffs, v. CITY OF RED WING, Jay Owens, and Gene Durand, Defendants.

United States District Court, D. Minnesota.

May 1, 2008.

Attorney(s) appearing for the Case

Lee U. McGrath, Institute for Justice, Minnesota Chapter, Minneapolis, MN; Dana Berliner, Institute for Justice, Arlington, VA; William R. Maurer, Institute for Justice, Seattle, WA, for plaintiffs.

John M. Baker and Pamela L. Vander-Wiel, Greene Espel, PLLP, Minneapolis, MN, for defendants.

MEMORANDUM OPINION AND ORDER

JOHN R. TUNHEIM, District Judge.

Defendant City of Red Wing adopted an ordinance requiring landlords to obtain licenses for rental properties. Plaintiffs filed this action pursuant to 42 U.S.C. § 1983, alleging that the ordinance violates their rights under the Fourth Amendment by, among other things, conditioning the right to rent property on their consent to an illegal search. This case is now before the Court on the parties...

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