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NUNEZ v. CITY OF SAN DIEGO

No. 96-55290.

114 F.3d 935 (1997)

Gabriel NUNEZ, a minor, by Rene NUNEZ, his guardian ad litem; Jennifer Lin-Liu, a minor by Sen Lin-Lieu, her guardian ad litem; Alleyn Evans, a minor by Michael Evans, her guardian ad litem; David Pressman, a minor, by Joel M. Pressman, his guardian ad litem, Terra Lawson-Remer, a minor, by Shari Lawson, her guardian ad litem; Natalie Del Muro; Asha Settimo, a minor, by Amber Sidhu, her guardian ad litem; Amber Sidhu; Patrick Maher, Plaintiffs-Appellants, v. CITY OF SAN DIEGO; Susan Golding, in her official capacity as Mayor of the City of San Diego; Jerry Sanders, in his official capacity as Chief of Police for the City of San Diego, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1997.

Attorney(s) appearing for the Case

Jordan C. Budd, ACLU Foundation of San Diego, San Diego, California, Lane L. McVey, Juanita R. Brooks, and John Dillon Clarke, McKenna & Cuneo, San Diego, California, and Michael R. Marrinan, Adler & Marrinan, San Diego, California, for the plaintiffs-appellants.

James M. Chapin, Deputy City Attorney, San Diego, California, for the defendants-appellees.

Before SCHROEDER, WIGGINS, LEAVY, Circuit Judges.

WIGGINS, Circuit Judge.

Plaintiffs challenge the constitutionality of the City of San Diego's juvenile curfew ordinance. The district court granted summary judgment for the City, and plaintiffs appealed. We have jurisdiction under 28 U.S.C. § 1291. We reverse.

THE ORDINANCE

The City of San Diego enacted its juvenile curfew ordinance in 1947. The ordinance reads as follows:

It shall be unlawful for any minor under the age of eighteen...

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