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AMERICAN CIVIL LIBERTIES UNION OF OHIO v. DEWEESE

No. 09-4256.

633 F.3d 424 (2011)

AMERICAN CIVIL LIBERTIES UNION OF OHIO FOUNDATION, INC., Plaintiff-Appellee, v. James DEWEESE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2011.

Rehearing and Rehearing En Banc Denied March 16, 2011.

Attorney(s) appearing for the Case

ARGUED: Francis J. Manion , American Center for Law and Justice, New Hope, Kentucky, for Appellant. Michael T. Honohan , Law Office, Rocky River, Ohio, for Appellee. ON BRIEF: Francis J. Manion , Geoffrey Richard Surtees , American Center for Law and Justice, New Hope, Kentucky, Edward Lawrence White , American Center for Law and Justice, Ann Arbor, Michigan, for Appellant. Michael T. Honohan , Law Office, Rocky River, Ohio, Carrie L. Davis , American Civil Liberties Union of Ohio, Cleveland, Ohio, for Appellee. Benjamin D. DuPre , Foundation for Moral Law, Montgomery, Alabama, for Amicus Curiae; Ayesha N. Khan and Alex J. Luchenitser , Americans United for Separation of Church and State, Washington, DC, for Amicus Curiae.

Before: SILER, CLAY, and GIBBONS, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Defendant James Deweese appeals from a judgment entered on October 6, 2009 by the United States District Court for the Northern District of Ohio. The district court granted Plaintiff American Civil Liberties Union of Ohio Foundation, Inc.'s summary judgment motion for declaratory and injunctive relief, holding that the poster Defendant hung in his Richland County, Ohio courtroom violated the Establishment Clauses of the United...

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