COX v. CITY OF CHARLESTON, SC

Nos. 03-1782, 03-1880.

416 F.3d 281 (2005)

Timothy COX, Plaintiff-Appellant, and Cathy Rider, Plaintiff, v. CITY OF CHARLESTON, SOUTH CAROLINA; Rueben Greenberg, Individually and in his official capacity as Chief of Police for the City of Charleston; Joseph Riley, Jr., Individually and in his official capacity as Mayor of the City of Charleston; Captain Chin, Individually and in his official capacity as an officer of the Charleston Police Department; Officer Davis, Individually and in his official capacity as an officer of the Charleston Police Department; City of Travelers Rest, South Carolina; Mann Batson, Individually and in his official capacity as Mayor of the City of Travelers Rest; Timothy Christy, Individually and in his official capacity as Chief of Police for the City of Travelers Rest, Defendants-Appellees. Timothy Cox, Plaintiff-Appellee, and Cathy Rider, Plaintiff, v. City of Travelers Rest, South Carolina; Mann Batson, Individually and in his official capacity as Mayor of the City of Travelers Rest; Timothy Christy, Individually and in his official capacity as Chief of Police for the City of Travelers Rest, Defendants-Appellants, and City of Charleston, South Carolina; Rueben Greenberg, Individually and in his official capacity as Chief of Police for the City of Charleston; Joseph Riley, Jr., Individually and in his official capacity as Mayor of the City of Charleston; Captain Chin, Individually and in his official capacity as an officer of the Charleston Police Department; Officer Davis, Individually and in his official capacity as an officer of the Charleston Police Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2005.


Attorney(s) appearing for the Case

Samuel Thurston Towell, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant/Cross-Appellee.

Robin Lilley Jackson, Stuckey Law Offices, P.A., Charleston, South Carolina; Charles Franklin Turner, Jr., Clarkson, Walsh, Rheney & Turner, P.A., Greenville, South Carolina, for Appellees/Cross-Appellants.

Neal L. Walters, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant/Cross-Appellee.

Letitia H. Verdin, Clarkson, Walsh, Rheney & Turner, P.A., Greenville, South Carolina, for Appellees/Cross-Appellants City of Travelers Rest, South Carolina, Timothy Christy, Individually and in his official capacity as Chief of Police for the City of Travelers Rest, and Mann Batson, Individually and in his official capacity as Mayor of the City of Travelers Rest; James A. Stuckey, Charleston, South Carolina, for Appellees/Cross-Appellants City of Charleston, South Carolina, Rueben Greenberg, Individually and in his official capacity as Chief of Police for the City of Charleston, Joseph Riley, Jr., Individually and in his official capacity as Mayor of the City of Charleston, Captain Chin, Individually and in his official capacity as an officer of the Charleston Police Department, and Officer Davis, Individually and in his official capacity as an officer of the Charleston Police Department.

Before WILKINS, Chief Judge, and TRAXLER and KING, Circuit Judges.


Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge TRAXLER and Judge KING joined.

OPINION

WILKINS, Chief Circuit Judge.

The City of Travelers Rest, South Carolina (the City), has a significant interest in ensuring that its streets and sidewalks remain safe, orderly, and accessible. See Madsen v. Women's Health Ctr., Inc., 512 U.S. 753, 768, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994...

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