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DUARTE EX REL. DUARTE v. CITY OF LEWISVILLE, TEX.

No. 13-40806.

759 F.3d 514 (2014)

Aurelio DUARTE; Wynjean DUARTE; S. D., A Minor, By and through Wynjean Duarte, acting as her Next Friend; Brandi Duarte, Plaintiffs-Appellants, v. CITY OF LEWISVILLE, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 22, 2014.

Attorney(s) appearing for the Case

Richard Scott Gladden , Law Office of Richard Gladden, Denton, TX, for Plaintiffs-Appellants.

William Andrew Messer , Jennifer Avalon Decurtis, Messer, Rockefeller & Fort, P.L.L.C., Frisco, TX, for Defendant-Appellee.

Before SMITH, WIENER, and PRADO, Circuit Judges.

EDWARD C. PRADO, Circuit Judge:

Plaintiffs-Appellants Aurelio Duarte ("Duarte") together with his wife and two children (collectively "the Duartes") sued Defendant-Appellee the City of Lewisville, Texas ("Lewisville") for damages and injunctive relief under 42 U.S.C. § 1983. Duarte and his family challenge the constitutionality of a Lewisville ordinance that prohibits registered child sex offenders from residing within 1,500 feet of "where children commonly gather...

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