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FAUSTIN v. CITY, COUNTY OF DENVER, COLORADO

No. 00-1168.

268 F.3d 942 (2001)

Wendy FAUSTIN, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, COLORADO; Chief Tom Sanchez, in his official capacity as Chief of the Denver Police Department; Lt. Donald L. Fink, in his official capacity as an officer of the Denver Police Department; Sgt. W.P. Honer, in his official capacity as an officer of the Denver Police Department, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 28, 2001.

Attorney(s) appearing for the Case

Stanley M. Sharoff, Assistant City Attorney, (J. Wallace Wortham, Jr., City Attorney, with him on the briefs), Denver, Colorado, for the appellants.

Michael J. Deprimo, of AFA Center for Law & Policy, Tupelo, Mississippi (Stephen M. Crampton, Brian Fahling, and Bryan J. Brown, of AFA Center for Law & Policy, Tupelo, Mississippi, and Frank D. Mylar, Salt Lake City, Utah, with him on the brief), for the appellee.

Before BRISCOE, McWILLIAMS, Circuit Judges, and JENKINS, District Judge.

BRISCOE, Circuit Judge.

Defendants appeal the district court's decision to grant summary judgment to plaintiff Wendy Faustin on her claim under 42 U.S.C. § 1983 that her First Amendment rights were violated. We affirm in part, reverse in part, and remand.

I.

On several occasions, Faustin displayed a banner at the Perry Street overpass in Denver. The banner measures three feet by ten feet and reads "Abortion kills children." Faustin and a friend...

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