WEINBAUM v. CITY OF LAS CRUCES, N.M.

Nos. 06-2355, 07-2012.

541 F.3d 1017 (2008)

Paul F. WEINBAUM; Martin J. Boyd, Plaintiffs-Appellants, v. The CITY OF LAS CRUCES, NEW MEXICO; William Mattiace, individually, and in his official capacity as Mayor of the City of Las Cruces; Dolores Archuleta, individually, and in her capacity as a member of the City Council of the City of Las Cruces; Dolores Connor, individually, and in her capacity as a member of the City Council of the City of Las Cruces; Jose Frietze, individually, and in his capacity as a member of the City Council of the City of Las Cruces; Kenneth Miyagashima, individually, and in his capacity as a member of the City Council of the City of Las Cruces; Wesley Strain, individually, and in his capacity as a member of the City Council of the City of Las Cruces; Steve Trowbridge, individually, and in his capacity as a member of the City Council of the City of Las Cruces, Defendants-Appellees. Foundation for Moral Law; National Legal Foundation, Amici Curiae. Paul F. Weinbaum, Plaintiff-Appellant, v. Las Cruces Public Schools; Charles Davis; Leonel Briseno, Gene Gant, John Schwebke, and Sharon Wooden, as School Board Members of Las Cruces Public Schools, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 12, 2008.


Attorney(s) appearing for the Case

Brett Duke, The Law Offices of Brett Duke, P.C., El Paso, TX, for Plaintiffs-Appellants.

Matthew P. Holt, Holt, Babington, Mynatt P.C., Las Cruces, NM, for Defendants-Appellees.

Roy S. Moore, Gregory M. Jones and Benjamin Dupre, Foundation for Moral Law, Montgomery, AL, filed an amicus curiae brief for Foundation for Moral Law.

Steven W. Fitschen, Virginia Beach, VA, filed an amicus curiae brief for the National Legal Foundation.

Paul F. Weinbaum, pro se, Las Cruces, NM.

Before LUCERO, EBEL and HOLMES, Circuit Judges.


EBEL, Circuit Judge.

Paul Weinbaum, a resident of the Las Cruces area, brought two separate suits under 42 U.S.C. § 1983 claiming that Las Cruces, New Mexico (the "City") and the Las Cruces Public School District (the "District") have violated the Establishment Clause of the First Amendment by displaying, in various forms, three crosses on public property.1 Weinbaum sought declaratory and...

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