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CENTER FOR BIO-ETHICAL v. LOS ANGELES COUNTY

No. 05-55294.

533 F.3d 780 (2008)

CENTER FOR BIO-ETHICAL REFORM, INC.; Paul Kulas; Thomas Padberg, Plaintiffs-Appellants, v. LOS ANGELES COUNTY SHERIFF DEPARTMENT; Leroy D. Baca, in his official capacity as Sheriff; Xavier R. Aguilar, individually; Xavier R. Aguilar, in his official capacity as Sergeant; Dave Despot, individually; Dave Despot, in his official capacity as Deputy; Mark Darling, individually; Mark Darling, in his official capacity as Deputy; Mark C. Repcik, individually; Mark C. Repcik, in his official capacity as Deputy; Art Roberts, individually; Art Roberts, in his official capacity as an administrative official, Dodson Middle School, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2008.

Attorney(s) appearing for the Case

Robert J. Muise (argued), Thomas More Law Center, Ann Arbor, Michigan; James A. Hayes, Cummins & White LLP, Newport Beach, CA, for the plaintiffs-appellants.

Jennifer A.D. Lehman (argued), Deputy County Counsel, Raymond G. Fortner, County Counsel, Los Angeles, CA, for defendants-appellees Los Angeles County Sheriff's Department.

Julie Mullane (argued), Gary Robert Gibeaut, Nancy Mahan-Lamb, Lisa J. Brown, Gibeaut, Mahan & Briscoe, Los Angeles, CA, for defendant-appellee Art Roberts.

Before: HARRY PREGERSON, W. FLETCHER, and MARSHA S. BERZON, Circuit Judges.

PREGERSON, Circuit Judge:

Plaintiffs drove a truck that displayed enlarged, graphic photographs of early-term aborted fetuses around the perimeter of a public middle school in Rancho Palos Verdes, California. Deputy Sheriffs were dispatched to the school. Plaintiffs contend that the officers violated their First Amendment rights by ordering Plaintiffs to remove their truck from an area adjacent to the school. Plaintiffs also contend that the officers violated their...

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