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GABRIEL v. CITY OF PLANO

No. 98-41022.

202 F.3d 741 (2000)

Mark Harry GABRIEL, Plaintiff-Appellant, v. CITY OF PLANO, et al., Defendants, City of Plano; Mark Hunt, in his official capacity as City of Plano police officer; Terry Pauley, in his official capacity as City of Plano Police Dept.; Robert Leitz, in his official capacity as City of Plano police officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 28, 2000.

Attorney(s) appearing for the Case

Brian Fahling, Michael J. Deprimo, Bruce Wayne Green, Stephen M. Crampton, American Family Ass'n Law Center, Tupelo, MS, for Plaintiff-Appellant.

Monica L. Luebeker (argued), Figari & Davenport, Dallas, TX, for Defendants-Appellees.

Before KING, Chief Judge, and DUHÉ and DeMOSS, Circuit Judges.

DUHÉ, Circuit Judge:

Appellant Mark Harry Gabriel ("Gabriel") challenges the district court's denial of equitable remedies under 42 U.S.C. § 1983. For the reasons stated herein, we AFFIRM the district court's ruling in favor of Defendants-Appellees.

BACKGROUND

Appellant Gabriel is an itinerant preacher and anti-abortion activist. Gabriel has engaged in a number of anti-abortion protests near R.C. Clark High School1

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