POTTER v. MURRAY CITY

No. 84-1813.

760 F.2d 1065 (1985)

Royston E. POTTER, Plaintiff-Appellant, v. MURRAY CITY, a municipal corporation, Calvin G. Gillen, individually and in his capacity as Chief of Police of Murray City, Murray City Civil Service Commission, the Honorable Scott M. Metheson, as Governor of the State of Utah, the Honorable David L. Wilkinson, as Attorney General of the State of Utah, the State of Utah and the United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 30, 1985.


Attorney(s) appearing for the Case

Dennis V. Haslam (Donald J. Winder, and Kathy A.F. Davis of Winder & Haslam, Salt Lake City, Utah, were also on the brief), for plaintiff-appellant.

Allan L. Larson (Patrice Arent Mulhern of Snow, Christensen & Martineau, Salt Lake City, Utah, and H. Craig Hall, Murray City Atty., Murray, Utah, were also on the brief), for Murray City, Calvin G. Gillen, and Murray City Civil Service Com'n, defendants-appellees.

Drake Cutini, Dept. of Justice (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Brent D. Ward, U.S. Atty., Mark H. Gallant, Dept. of Justice, Washington, D.C., were also on the brief), for the U.S., defendant-appellee.

David L. Wilkinson, Atty. Gen. of The State of Utah, and Paul M. Tinker, Deputy Atty. Gen., and Nicholas E. Hales, Asst. Atty. Gen. of the State of Utah, were on the brief for the State appellees.

Before HOLLOWAY, Chief Judge, LOGAN, Circuit Judge, and SEAY, District Judge.


HOLLOWAY, Chief Judge.

In this suit the plaintiff-appellant Royston E. Potter (plaintiff) challenges Utah's proscription against polygamy or plural marriage.1 His principal claim is that the termination of his employment as a city police officer for the practice of plural marriage violated his rights to the free exercise of his religion and his right to privacy. On cross-motions for summary judgment, the district court ruled in favor of...

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