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MILLER v. CITY OF EXCELSIOR, MINNESOTA

File No. 22-cv-762 (ECT/JFD).

618 F.Supp.3d 820 (2022)

David MILLER, Plaintiff, v. CITY OF EXCELSIOR, MINNESOTA; Brian Tholen, in his official capacity as Police Chief for South Lake Minnetonka Police Department; and Officer John Doe, in his individual capacity acting as a police officer for South Lake Minnetonka Police Department, Defendants.

United States District Court, D. Minnesota.

Signed August 2, 2022.

Attorney(s) appearing for the Case

David Markese and Frederick H. Nelson, American Liberties Institute, Orlando, FL; Samuel W. Diehl, CrossCastle PLLC, Minneapolis, MN; and Nathan W. Kellum, Center for Religious Expression, Memphis, TN, for Plaintiff David Miller.

Katherine M. Swenson, Monte A. Mills, and Emily Muirhead McAdam, Greene Espel PLLP, Minneapolis, MN, for Defendants City of Excelsior, Brian Tholen, and Officer John Doe.

OPINION AND ORDER

Plaintiff David Miller wants to share his religious views with a voice amplifying device on public sidewalks in the downtown business district of Excelsior, Minnesota. In this lawsuit, he makes facial and as-applied challenges under 42 U.S.C. § 1983 to City of Excelsior...

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