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ASHTON v. BROWN

No. 102, September Term, 1992.

339 Md. 71 (1995)

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

Court of Appeals of Maryland.

June 30, 1995.

Attorney(s) appearing for the Case

N. Lynn Tillery, Frederick, Joseph F. Cunningham (Joseph F. Cunningham & Associates, all on brief), Washington, DC, for petitioner.

Willie J. Mahone (Daniel Q. Mahone, both on brief) Frederick, for respondent.

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

Benjamin L. Brown, Washington, DC, and Neal M. Janey, Burton H. Levin, Baltimore, for National Instit. of Mun. Law Officers, amicus curiae.

Argued before ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, BELL and CHARLES E. ORTH, Jr., Judge of the Court of Appeals (Retired, Specially Assigned), JJ.

ELDRIDGE, Judge.

The principal issue in this case concerns the constitutionality of the City of Frederick's juvenile curfew ordinance. As we shall hold that the ordinance is unconstitutional, we shall also consider claims for damages against the City of Frederick and members of its police department, arising out of the enforcement of the ordinance against the plaintiffs.

I.

The plaintiffs in this case sought a declaratory judgment, injunctive relief...

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