BERNINI v. CITY OF ST. PAUL

No. 10-3552.

665 F.3d 997 (2012)

Brook BERNINI; Matthew Byrnes; Simon Cecil; Andrew Cohen; David Drew, Jr.; Alana Michelle Exum; Bobby Reese Hagy, Jr.; Adryn Hayes; Kevin Hundt; Rachel Jackson; Tiana Johnson; Garth Kahl; Jared Lanctot; Michael Larson; Vain Mainstream; Craig Neef; Mary Ogle; Tim Phillips; Raphi Rechitsky; Lambert Rochfort; Nick Segner; Ryan Solem; Zach Swift; Andrew Temperante; Michael Ward, II; Rachel Westlund; Nelson Whitmore; Kellan Dubbels; Kristofer Dubbels; David Morse; Bruce Wilkinson; Adam Hayden, on behalf of themselves and all others similarly situated, Appellants, v. CITY OF ST. PAUL; Steven Frazer; Joe Neuberger; Axel Henry; Patricia Englund; Matthew Clark, in their individual capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 13, 2012.


Attorney(s) appearing for the Case

David Lawrence Shulman , argued, Minneapolis, MN, for appellants.

Susan Marie Tindal , argued, Jon K. Iverson , on the brief, Bloomington, MN, for appellees.

Before COLLOTON, CLEVENGER, and BENTON, Circuit Judges.


COLLOTON, Circuit Judge.

This civil action arose out of events that occurred on the first day of the 2008 Republican National Convention in St. Paul, Minnesota. Thirty-two people filed suit under 42 U.S.C. § 1983 against six police officers and the City of St. Paul, alleging violations of their rights under the First and Fourth Amendments. The parties stipulated to the dismissal of claims against one officer, and the district court2

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