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ACLU NEBRASKA FOUND. v. CITY OF PLATTSMOUTH, NEB.

No. 02-2444.

419 F.3d 772 (2005)

ACLU NEBRASKA FOUNDATION; John Doe, Plaintiffs-Appellees, v. CITY OF PLATTSMOUTH, NEBRASKA, Defendant-Appellant, State of Nebraska, Amicus on Behalf of Appellant, Americans United for Separation of Church and State, Amicus on Behalf of Appellee, Foundation for Moral Law, Inc.; Wall-builders, Inc.; The National Legal Foundation, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 19, 2005.

Attorney(s) appearing for the Case

Francis J. Manion, argued, New Hope, KY (Jeffrey Downing of Lincoln, NE, on brief), for appellant.

Amy A. Miller, argued, Lincoln, NE (Sue Ellen Wall, on brief), for appellee.

Before LOKEN, Chief Judge, RICHARD SHEPPARD ARNOLD, BOWMAN, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, En Banc.

BOWMAN, Circuit Judge.

The City of Plattsmouth, Nebraska, appeals the District Court's grant of summary judgment in favor of John Doe, a Plattsmouth resident, and the ACLU Nebraska Foundation on their claim that the City's display of a Ten Commandments monument violates the Establishment Clause of the First Amendment. We reverse.

In 1965, the Fraternal Order of Eagles (Eagles) donated to the City of Plattsmouth an approximately five-foot-tall and three-foot...

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