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HABECKER v. TOWN OF ESTES PARK, COLO.

No. 06-1515.

518 F.3d 1217 (2008)

David HABECKER, Plaintiff-Appellant, v. TOWN OF ESTES PARK, COLORADO; Board of Trustees of the Town of Estes Park, Colorado; John Baudek, Mayor of the Town of Estes Park, Colorado; Vickie O'Connor, Town Clerk of the Town of Estes Park, Colorado; Greg White, Town Attorney for the Town of Estes Park, Colorado; Sue Doylen, Trustee of the Town of Estes Park, Colorado; Lori Jeffrey-Clark, Trustee of the Town of Estes Park, Colorado; Chuck Levine, Trustee of the Town of Estes Park, Colorado; Wayne Newsom, Trustee of the Town of Estes Park, Colorado; Bill Pinkham, Trustee of the Town of Estes Park, Colorado; Estes Park Citizens for Representative Government; Dewey Shanks, Member, Estes Park Citizens for Representative Government, Defendants-Appellees, and United States of America, Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

March 14, 2008.

Attorney(s) appearing for the Case

Robert R. Tiernan, Denver, Colorado, for Plaintiff-Appellant.

Steven J. Dawes (Sophia H. Tsai, with him on the brief), Light Harrington & Dawes, P.C., Denver, Colorado, for Defendants-Appellees.*

Lowell V. Sturgill, Jr., Attorney (Troy A. Eid, United States Attorney, Peter D. Keisler, Assistant United States Attorney, and Robert M. Loeb, Attorney, with him on the brief), United States Department of Justice, Washington, DC, for Defendant-Intervenor-Appellee.

Before LUCERO, HOLLOWAY, and TYMKOVICH, Circuit Judges.

LUCERO, Circuit Judge.

David Habecker is a former Trustee of the Town of Estes Park, Colorado ("Town") and a self-described atheist. After he refused to stand and recite the Pledge of Allegiance at meetings of the Town Board of Trustees ("Board"), several Town citizens organized a successful campaign to recall him from office. Habecker then brought this federal civil rights suit against the Town and members of the recall committee, alleging violations of the First...

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