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NORSE v. CITY OF SANTA CRUZ

No. 07-15814.

586 F.3d 697 (2009)

Robert NORSE, Plaintiff-Appellant, v. CITY OF SANTA CRUZ; Christopher Krohn, individually and in his official capacity as Mayor of the City of Santa Cruz; Tim Fitzmaurice; Keith A. Sugar; Emily Reilly; Ed Porter; Scott Kennedy; Mark Primack, individually and in their official capacities as Members of the Santa Cruz City Council; Loran Baker, individually and in his official capacity as Sergeant of the Santa Cruz Police Department; Steven Clark, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2009.

Attorney(s) appearing for the Case

David Beauvais, Oakland, CA, for the plaintiff-appellant.

Kathleen Wells, Santa Cruz, CA, for the plaintiff-appellant.

George J. Kovacevich, Santa Cruz, CA, for the defendants-appellees.

Before: MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN and A. WALLACE TASHIMA, Circuit Judges.

SCHROEDER, Circuit Judge:

Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. § 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, non-precedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at the time of the ejections. Norse v...

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