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LUCERO v. EARLY

No. 16-1767.

873 F.3d 466 (2017)

Kenneth LUCERO, Plaintiff-Appellant, v. Wayne A. EARLY; Mayor and City Council of Baltimore; Baltimore City Police Department, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 13, 2017.

Attorney(s) appearing for the Case

ARGUED: Sean Robert Day , LAW OFFICE OF SEAN R. DAY, Greenbelt, Maryland, for Appellant. Steven John Potter , BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellees. ON BRIEF: David E. Ralph , City Solicitor, Glenn T. Marrow , Chief Solicitor, Kara Lynch , Assistant City Solicitor, Ashley McFarland , Assistant City Solicitor, BALTIMORE CITY DEPARTMENT OF LAW, Baltimore, Maryland, for Appellees.

Vacated and remanded by published opinion. Judge Thacker wrote the opinion, which Judge Harris and Judge Moon joined.

Kenneth Lucero ("Appellant") was arrested in April 2010 after leafleting outside a Baltimore arena during a performance of the Ringling Brothers and Barnum & Bailey Circus ("Circus"). Specifically, he was arrested for failing to confine his leafleting to an area designated for protest activities, as set forth in a protocol...

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