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BROWN v. ASHTON

No. 1682 September Term, 1991.

93 Md. App. 25 (1992)

611 A.2d 599

VANESSA BROWN, ET AL. v. RICHARD ASHTON, ET AL.

Court of Special Appeals of Maryland.

Reconsideration Granted in Part September 1, 1992.

Opinion Corrected September 28, 1992.

Certiorari Granted November 17, 1992.

Attorney(s) appearing for the Case

Willie J. Mahone (Daniel Q. Mahone, on the brief), Frederick, for appellants.

Kevin A. Dunne, David R. Johanson, Venel D. Brown and Ober, Kaler, Grimes & Shriver, Baltimore, for amicus curiae, American Civil Liberties Union of Maryland.

Joseph F. Cunningham (Megan M. Heinze and Joseph F. Cunningham & Associates, on the brief), Washington, D.C., for appellees.

Argued before CATHELL, MOTZ and HARRELL, JJ.

MOTZ, Judge.

This appeal presents questions as to the constitutionality of a juvenile curfew ordinance and civil liability for acts done in enforcing the ordinance.

FACTS AND PROCEEDINGS BELOW

On June 15, 1978, the Board of Aldermen of the City of Frederick enacted an ordinance aimed at restricting the nighttime activities of persons under 18, within the city limits. The curfew imposed by the Board provides that it is illegal for a "child," defined...

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