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CHURCH ON THE ROCK v. CITY OF ALBUQUERQUE

No. 95-2009.

84 F.3d 1273 (1996)

CHURCH ON THE ROCK; Don Kimbro, Pastor, Plaintiffs-Appellants, v. CITY OF ALBUQUERQUE; Toni Martorelli, in her official capacity as Director of Family and Community Services for the City of Albuquerque; Mark Sanchez, in his official capacity as Deputy Director of Family and Community Services for the City of Albuquerque; Kathleen Stark, in her official capacity as Supervisor, Bear Canyon Senior Center, City of Albuquerque, Defendants — Appellees.

United States Court of Appeals, Tenth Circuit.

May 23, 1996.

Attorney(s) appearing for the Case

Benjamin W. Bull, The American Center for Law and Justice, Phoenix, Arizona (Jay Alan Sekulow, The American Center for Law and Justice, Washington, DC, Nikolas T. Nikas, The American Center for Law and Justice, Phoenix, Arizona, and Paul F. Becht, Becht Law Firm, Albuquerque, NM, with him on the briefs), for Appellants.

William D. Winter, Assistant City Attorney (Robert M. White, City Attorney, with him on the brief), Albuquerque, NM, for Appellees.

Before TACHA, LOGAN, and REAVLEY, Circuit Judges.

TACHA, Circuit Judge.

Plaintiffs Church on the Rock and Pastor Don Kimbro ("Church on the Rock") brought suit under 42 U.S.C. § 1983 alleging that defendants the City of Albuquerque and its agents ("the City") denied Church on the Rock's First Amendment right to free expression at City Senior Centers. The district court granted summary judgment in favor of the City on all claims. Church on the Rock now appeals, arguing that the City's policy prohibiting "sectarian...

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