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CITIZENS FOR PEACE v. CITY OF COLORADO SPRINGS

No. 05-1391.

477 F.3d 1212 (2007)

CITIZENS FOR PEACE IN SPACE, an unincorporated association; William Sulzman; Mary Lynn Sheetz; Barbara Huber; Gerard Jacobitz; Donna Johnson; April Pergl, Plaintiffs-Appellants, v. The CITY OF COLORADO SPRINGS, Colorado, a Colorado municipal corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 28, 2007.

Attorney(s) appearing for the Case

Mark Silverstein, American Civil Liberties Union Foundation of Colorado, (and Edward T. Ramey, Isaacson, Rosenbaum, P.C., on the brief), Denver, CO, for Plaintiffs-Appellants.

Thomas J. Marrese, Assistant City Attorney, (and Patricia K. Kelly, City Attorney/Chief Legal Officer, Office of the City Attorney, on the brief), Colorado Springs, CO, for Defendant-Appellee.

Before KELLY, EBEL, and GORSUCH, Circuit Judges.

KELLY, Circuit Judge.

Plaintiffs-Appellants Citizens for Peace in Space and several of its members (Citizens) appeal from the district court's judgment in favor of Defendant—Appellee The City of Colorado Springs (the City). The Citizens sought nominal damages under 42 U.S.C. § 1983 for an alleged violation of First Amendment rights. Specifically, the Citizens alleged that, from October 7 to October 10, 2003,...

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