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ANERICAN CIVIL LIBERTIES v. MERCER COUNTY, KY.

No. CIV.A. 01-480-KSF.

240 F.Supp.2d 623 (2003)

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY & Bart McQueary Plaintiffs v. MERCER COUNTY, KENTUCKY & Charles H. McGinnis, in his official capacity as Mercer County Judge Executive Defendants

United States District Court, E.D. Kentucky, Lexington Division.

January 22, 2003.

Attorney(s) appearing for the Case

Everett C. Hoffman, Segal, Stewart, Cutler, Lindsay, Janes & Berry, PLLC, Louisville, KY, David A. Friedman, Caroline L. Laurie Griffith, Amer. Civil Liberties Union, Louisville, KY, for Amer. Civil Liberties Union, Louisville, KY, for plaintiffs.

Mathew D. Staver, Erik W. Stanley, Longwood, FL, Francis J. Manion, Amer. Center for Law & Justice, New Hope, KY, for defendants.

OPINION & ORDER

FORESTER, Chief Judge.

This matter is before the Court upon the defendants' motion for summary judgment [DE #24]. The plaintiffs have filed a response and this matter is ripe for review.

I. FACTUAL & PROCEDURAL BACKGROUND

The plaintiffs initiated this controversy on November 27, 2001, by filing a complaint seeking declaratory and injunctive relief under 42 U.S.C. § 1983, alleging that a display in the...

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