DUARTE v. CITY OF LEWISVILLE, TEXAS

No. 15-41456.

858 F.3d 348 (2017)

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.

FILED May 30, 2017.


Attorney(s) appearing for the Case

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

William Andrew Messer , Brett Daniel Gardner, Messer, Rockefeller & Fort, P.L.L.C., Frisco, TX, for Defendant-Appellee.

Before DAVIS, ELROD, and HIGGINSON, Circuit Judges.


Aurelio Duarte together with his wife and two children challenge the constitutionality of a Lewisville, Texas, ordinance ("the Ordinance") that restricts where certain individuals convicted of sex offenses may live within the city. Specifically, they allege that the Ordinance deprives both Duarte individually...

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