PINKLEY, INC. v. CITY OF FREDERICK, MD.

Nos. 96-1447, 96-1448.

191 F.3d 394 (1999)

PINKLEY, INCORPORATED, t/a Bradley Books, Plaintiff-Appellee, v. CITY OF FREDERICK, MARYLAND, a Body Politic, Defendant-Appellant, and Robert A. Servacek, Individually and in his official capacity as Detective in Frederick City Police Department and City of Frederick, Maryland; Richard J. Ashton, Major, Individually and in his official capacity as Chief, Frederick City Police and Agent, Servant, Employee and Policymaker of City of Frederick, Maryland; The Mayor And Board of Alderman of Frederick, Maryland, Constituting and Acting as The City of Frederick Maryland, a Body Politic; David S. Gearinger, Officer, Individually and in his official capacity as agent of Frederick City, Maryland; John Lammers, Officer, Individually and in his official capacity as agent of Frederick City, Maryland; Shawn Martyak, Officer, Individually and in her official capacity as agent of Frederick City, Maryland, Defendants. Pinkley, Incorporated, t/a Bradley Books, Plaintiff-Appellant, v. City of Frederick, Maryland, a Body Politic; Robert A. Servacek, Individually and in his official capacity as Detective in Frederick City Police Department and City of Frederick, Maryland; Richard J. Ashton, Major, Individually and in his official capacity as Chief, Frederick City Policy and Agent, Servant, Employee, and Policy maker of City of Frederick, Maryland; David S. Gearinger, Officer, Individually and in his official capacity as agent of Frederick City, Maryland; John Lammers, Officer, Individually and in his official capacity as agent of Frederick City, Maryland, Defendants-Appellees, and The Mayor and Board of Alderman of Frederick, Maryland, Constituting and Acting as the City of Frederick Maryland, a Body Politic; Shawn Martyak, Officer, Individually and in her official capacity as agent of Frederick City, Maryland, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 31, 1999.


Attorney(s) appearing for the Case

ARGUED: Howard J. Schulman, SCHULMAN & KAUFMAN, L.L.C., Baltimore, Maryland, for Appellant. William Edward Seekford, Towson, Maryland, for Appellee.

Before WIDENER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


Affirmed in part and vacated and remanded in part by published opinion. Judge Williams and Senior Judge Phillips joined.

OPINION

WIDENER, Circuit Judge:

On February 7, 1990 police officers of the Frederick, Maryland Police Department executed a search warrant at Pinkley, Inc.'s store known as Bradley Books, an adult bookstore. They confiscated allegedly obscene press and speech materials and relevant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases