AMERICAN CIVIL LIBERTIES UNION v. MOTE

No. 04-1890.

423 F.3d 438 (2005)

AMERICAN CIVIL LIBERTIES UNION, STUDENT CHAPTER—UNIVERSITY OF MARYLAND, COLLEGE PARK; Daniel M. Sinclair; Michael Reeves; Matthew Fogg, Plaintiffs-Appellants, v. C.D. MOTE, Jr., Defendant-Appellee, and Rebecca J. Sheppard, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 2005.


Attorney(s) appearing for the Case

ARGUED: Anthony C. Epstein, Steptoe & Johnson, L.L.P., Washington, D.C., for Appellants. Mark Jason Davis, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellee. ON BRIEF: Michael C. Drew, Steptoe & Johnson, L.L.P., Washington, D.C.; David Rocah, American Civil Liberties Union of Maryland, Baltimore, Maryland; Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, Washington, D.C., for Appellants. J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, Maryland, for Appellee.

Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.


Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge SHEDD and Senior Judge HAMILTON concurred.

OPINION

WIDENER, Circuit Judge.

Plaintiffs, ACLU Student Chapter-University of Maryland, College Park, Daniel M. Sinclair, Matthew Fogg, and Michael Reeves1 appealed from the district court's denial of their motion for summary judgment and the district court's grant of summary judgment to defendant...

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