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WALDRON v. McATEE

No. 83-1358.

723 F.2d 1348 (1983)

Gary WALDRON, Plaintiff-Appellant, v. Joseph McATEE, in his capacity as Chief of Police of the Indianapolis Police Department, William Hudnut, in his capacity as Mayor of the City of Indianapolis, and the Marion County City-County Council, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 1983.

Rehearing and Rehearing Denied February 16, 1984.

Attorney(s) appearing for the Case

Richard L. Zweig, Indianapolis, Ind., for plaintiff-appellant.

Stephen E. Schrumpf, Indianapolis, Ind., for defendants-appellees.

Before ESCHBACH and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 16, 1984.

POSNER, Circuit Judge.

We are asked to hold Indianapolis's loitering ordinance unconstitutionally vague, but must first decide whether this is a suitable case for abstention.

Shortly before midnight on November 1, 1980, the plaintiff, Waldron, a law student, was driving his new Cadillac in downtown Indianapolis. While stopped at a traffic light he noticed a friend of his in an automobile in...

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