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GALLAGHER v. CITY OF CLAYTON

No. 11-3880.

699 F.3d 1013 (2012)

Arthur GALLAGHER, Plaintiff-Appellant v. CITY OF CLAYTON; Linda Goldstein, Mayor; Craig Owens, City Manager; Patty DeForrest, Parks Director; Thomas J. Byrne, Police Chief, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 8, 2012.

Attorney(s) appearing for the Case

W. Bevis Schock , argued, Hugh Athelstan Eastwood , on the brief, St. Louis, MO, appellant.

Thomas Michael Ward , argued, Kevin M. O'Keefe , Mitchell A. Margo , Samuel John Vincent, III , on the brief, St. Louis, MO, for appellees.

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.

RILEY, Chief Judge.

Arthur Gallagher sued the City of Clayton, Missouri (City), and several city officials (defendants) in their official capacities under 42 U.S.C. §§ 1983 and 1988, challenging a city ordinance prohibiting outdoor smoking on certain public property. Gallagher alleged the ordinance violated both the United States and Missouri Constitutions. After the defendants moved for judgment on the pleadings, the district court1

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