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WORLD WIDE STREET PREACHERS v. TOWN OF COLUMBIA

No. 08-31196.

591 F.3d 747 (2009)

WORLD WIDE STREET PREACHERS FELLOWSHIP; Kenneth Coleman, Sr., Plaintiffs-Appellants, v. TOWN OF COLUMBIA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 21, 2009.

Attorney(s) appearing for the Case

Randall L. Wenger (argued), Boyle, Neblett & Wenger, Camp Hill, PA, for Plaintiffs-Appellants.

Robert McCullen Baldwin, George Adam Cossey, Amanda Jill Futch, Johnny R. Huckabay, II (argued), Hudson, Potts & Bernstein, Monroe, LA, for Defendant-Appellee.

Steven W. Fitschen, Nat. Legal Foundation, Virginia Beach, VA, for Amicus Curiae.

Before JONES, Chief Judge, and SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Officer Robert Miles of the Columbia Police Department violated the First Amendment rights of World Wide Street Preachers Fellowship members and Kenneth Coleman, Sr. on February 12, 2005. The question before us on appeal is whether the Town of Columbia may be held liable under 42 U.S.C. § 1983 for the actions of its officer. Following a bench trial, the district court determined that Columbia was not liable for the constitutional deprivation...

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