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HERSHEY v. CITY OF CLEARWATER

No. 87-3288.

834 F.2d 937 (1987)

Donald E. HERSHEY, Plaintiff-Appellant, v. CITY OF CLEARWATER, a municipal corporation, Tami Jo Swain, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 21, 1987.

Attorney(s) appearing for the Case

Ralph Goldberg, Ralph Goldberg, P.A., Atlanta, Ga., for plaintiff-appellant.

Robert G. Walker, Jr., Asst. City Atty., Clearwater, Fla., for defendants-appellees.

Before HILL and EDMONDSON, Circuit Judges, and ARONOVITZ, District Judge.

EDMONDSON, Circuit Judge:

This case presents as its central issue the constitutionality of a city ordinance forbidding lodging and sleeping in motor vehicles in public areas. Appellant was arrested, although never tried, for violating the ordinance and subsequently brought a 42 U.S.C. sec. 1983 action against the City of Clearwater and against the arresting officer. He now challenges the district court's grant of summary judgment in their favor. Although we rely on...

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