AMERICAN CIVIL LIBERTIES UNION v. McCREARY COUNTY

No. 08-6069.

607 F.3d 439 (2010)

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY; Louanne Walker; David Howe; Sarah Doe and Thomas Doe, on behalf of themselves and their minor child, Jane Doe; Lawrence Durham; Paul Lee, Plaintiffs-Appellees, v. McCREARY COUNTY, KENTUCKY; Pulaski County, Kentucky, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 9, 2010.


Attorney(s) appearing for the Case

ARGUED: Mathew D. Staver, Liberty Counsel, Orlando, Florida, for Appellants. David A. Friedman, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellees. ON BRIEF: Mathew D. Staver, Liberty Counsel, Orlando, Florida, Stephen M. Crampton, Mary E. McAlister, Liberty Counsel, Lynchburg, Virginia, for Appellants. David A. Friedman, William E. Sharp, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellees. John A. Eidsmoe, Foundation for Moral Law, Montgomery, Alabama, for Amicus Curiae.

CLAY, J., delivered the opinion of the court. GIBBONS, J. (pp. 451-52), delivered a separate concurring opinion. RYAN, J. (p. 452), delivered a separate dissenting opinion.


OPINION

CLAY, Circuit Judge.

Defendants, McCreary County, Kentucky, Pulaski County, Kentucky, and officials from these counties, appeal from the district court order granting Plaintiffs' motion to alter or amend judgment, granting a permanent injunction prohibiting Defendants from displaying the three contested Ten Commandments displays, and construing Defendants' renewed motion for summary judgment as one for relief from final judgment. For the reasons...

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