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ABRAMS v. CITY OF RANCHO PALOS VERDES

No. 02-55681.

354 F.3d 1094 (2004)

Mark J. ABRAMS, Plaintiff-Appellant, v. CITY OF RANCHO PALOS VERDES, a Municipality; City of Rancho Palos Verdes City Council, Defendants-Appellees, and Frank Lyon; Jon Cartwright; Thomas Long; Craig Mueller; Theodore Paulson; Donald Vannorsdall; John McTaggart; Douglas W. Stern; Lee Byrd; Barbara Ferraro; Marilyn Lyon; and Larry Clark, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2004.

Attorney(s) appearing for the Case

Wilkie Cheong, Cheong, Denove, Rowell, & Bennett, Los Angeles, CA, for the plaintiff-appellant.

Carol W. Lynch, City Attorney, City of Rancho Palos Verdes, T. Peter Pierce and Gregory M. Kunert, Richards, Watson, and Gershon, Los Angeles, CA, for the defendants-appellees.

Before: KOZINSKI and T.G. NELSON, Circuit Judges, and JANE A. RESTANI, Judge.

T.G. NELSON, Circuit Judge.

Mark J. Abrams appeals the district court's denial of § 19831 damages. The district court found that the City of Rancho Palos Verdes ("City") violated Abrams' rights under the Telecommunications Act of 1996 ("TCA"). Nonetheless, the court concluded that Congress intended the TCA to provide a comprehensive remedial scheme, thus barring additional remedies under § 1983. We disagree. Section 1983 remedies...

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