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PAHLS v. THOMAS

Nos. 11-2055, 11-2059.

718 F.3d 1210 (2013)

Jeanne PAHLS; Rebecca Wilson; Alma Rosa Silva Banuelos; Carter Bundy; Jason Call; Mary Lou "Mitzi" Kraft; Merimee Moffitt; Laura Lawrence; Stuart T. "Terry" Riley; Codepink Women for Peace, Albuquerque Chapter; Stop the War Machine, Plaintiffs-Appellees, v. Matthew THOMAS; Edward Mims, in their individual capacities, Defendants-Appellants, and City of Albuquerque; Albuquerque Police Department; Kerry Sheehan, Leslie Brown, Joshua McDonald, in their individual capacities, Defendants. Jeanne Pahls; Rebecca Wilson; Alma Rosa Silva Banuelos; Carter Bundy; Jason Call; Mary Lou "Mitzi" Kraft; Merimee Moffitt; Laura Lawrence; Stuart T. "Terry" Riley; Codepink Women for Peace, Albuquerque Chapter; Stop the War Machine, Plaintiffs-Appellees, v. Kerry Sheehan, Defendant-Appellant, and City of Albuquerque; Albuquerque Police Department; Matthew Thomas, Edward Mims, Leslie Brown, Joshua McDonald, in their individual capacities, Defendants.

United States Court of Appeals, Tenth Circuit.

June 4, 2013.

Attorney(s) appearing for the Case

Henry F. Narvaez of Narvaez Law Firm, P.A., Albuquerque, NM, for Defendants-Appellants Thomas and Mims.

Edward Himmelfarb , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C. ( Tony West , Assistant Attorney General; Kenneth J. Gonzales , United States Attorney; Howard R. Thomas , Assistant United States Attorney, Albuquerque, NM; Barbara L. Herwig , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., with him on the briefs), for Defendant-Appellant Sheehan.

Christopher A. Hansen of American Civil Liberties Union, New York City, N.Y. ( Catherine Crump of American Civil Liberties Union, New York City, NY; Laura Schauer Ives of American Civil Liberties Union; Philip B. Davis , Albuquerque, NM, with him on the brief), for Plaintiffs-Appellees.

Before TYMKOVICH, McKAY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Location, location, location. It is cherished by property owners and political demonstrators alike. Both groups, it turns out, are at the heart of this case. Plaintiffs-Appellees brought this action after law enforcement officials forced them to move to an unfavorable location to engage in protest activities but allowed a group espousing the opposite viewpoint to remain in place on private property...

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