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HODGKINS EX REL. HODGKINS v. PETERSON

No. 01-4115.

355 F.3d 1048 (2004)

Nancy HODGKINS, Colin Hodgkins, and Caroline Hodgkins, by their next friend and natural parent Nancy HODGKINS, on their own behalf and on behalf of those similarly situated, Plaintiffs-Appellants, v. Bart PETERSON, Mayor, in his official capacity as mayor of the City of Indianapolis, Indiana, Jack L. Cottey, Sheriff, in his official capacity as Marion County Sheriff, and Scott Newman, in his official capacity as Marion County Prosecutor, Defendants-Appellees, and State of Indiana, Intervenor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 2004.

Attorney(s) appearing for the Case

Kenneth J. Falk (argued), Indiana Civil Liberties Union, Indianapolis, IN, for Plaintiffs-Appellants.

Peggy D. Dallmann (argued), Office of the Corporation Counsel, Thomas M. Fisher (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.

Before HARLINGTON WOOD, Jr., COFFEY, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

A parent and her minor children challenged Indiana's curfew law (Ind.Code §§ 31-37-3-2 and 31-37-3-3.5 ("curfew law")) claiming that the law violates the First Amendment rights of minors and impinges on the substantive due process rights of parents to raise and control the upbringing of their children. The district court denied the plaintiffs' motion for a preliminary injunction, holding that the curfew law — which contains...

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