LINDSEY v. CITY OF BEAUFORT

Civ. A. Nos. 3:93-1145-0, 3:92-1531-0, 3:92-1656-0.

911 F.Supp. 962 (1995)

William Bradley LINDSEY, through his Guardian ad Litem Jeffrey Blake Lindsey, Plaintiff, v. CITY OF BEAUFORT; William R. Neill, Chief of Police; Captain Jefferson Dowling, Officer Brad Payne, and other unnamed police officers; David Taub, Mayor, Dr. Charles A. Bush, Edie Rogers, Donnie Beer, and Fred S. Washington, Jr., Members of the City Council; Dean Hunter, City Manager; all in their official capacities, Defendants. John M. ASQUITH, Ricky L. Knowles, Billy D. Randall, Wayne H. Williamson, J. Blake Lindsey, Lindsey, Jeff Attlessey, John Doe, Mary Doe, and others similarly situated, Plaintiffs, v. CITY OF BEAUFORT; Colonel Jesse Altman, Jr., Chief of Police; Captain Jefferson Dowling, Sgt. Michael Lee, John Doe, and other unnamed police officers; David Taub, Mayor; Dr. Charles A. Bush, Edie Rogers, Donnie Beer, and Fred Washington, Jr., Members of the City Council; Dean Hunter, City Manager; all in their official capacities; and Colonel Jesse Altman, Jr., William Rhett, Nancy Rhett, Roger Karr, and Neil B. Lipsitz, in their individual capacities, Defendants. CALVARY BAPTIST CHURCH, on behalf of its members, and George Daughety and Richard Simpson, Plaintiffs, v. CITY OF BEAUFORT; David Taub, Mayor, Dr. Charles A. "Tony" Bush, Edie Rogers, Donnie Beer, and Fred Washington, Jr., Members of the City Council; Dean Hunter, City Manager; and Colonel Jesse Altman, Jr., Chief of Police, all in their official capacities, Defendants.

United States District Court, D. South Carolina, Columbia Division.

September 29, 1995.


Attorney(s) appearing for the Case

Orin Gail Briggs, Irmo, SC, Bruce W. Green, AFA, Law Center, USC, Tupelo, MS, Patrick L. Quentel, Charleston, SC, Patrick J. Flynn, Columbia, SC, for plaintiffs.

William B. Harvey, III, George Hamlin O'Kelley, Jr., Beaufort, SC, Samuel Richard Clawson, Charleston, SC, James Warner Alford, Columbia, SC, for defendants.


OPINION AND ORDER ON DEFENDANTS' MOTION TO RECUSE

PERRY, District Judge.

In these cases, the plaintiffs challenge as unconstitutionally vague and overbroad, an ordinance of the City of Beaufort, South Carolina that prohibits individuals from willfully disturbing any neighborhood or business by making or continuing "loud and unseemly noises...."

The defendants now argue that this United States District Judge is not impartial and they move to...

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