McMAHON v. FENVES

No. 18-50710 Consolidated with 18-50800.

946 F.3d 266 (2020)

David McMAHON; Steven Littlefield; Texas Division, Sons of Confederate Veterans, Incorporated, Plaintiffs-Appellants v. President Gregory L. FENVES, In His Official Capacity as President of the University of Texas at Austin, Defendant-Appellee Richard Brewer; Texas Division, Sons of Confederate Veterans, Incorporated, Plaintiffs-Appellants v. Ron Nirenberg, Mayor of the City of San Antonio, In his Individual Capacity; Roberto Trevino, San Antonio City Councilman in his Individual Capacity; William Shaw, San Antonio City Councilman in his Individual Capacity; Rebecca Viagran, San Antonio City Councilman in her Individual Capacity; Rey Saldana, San Antonio City Councilman in his Individual Capacity; Shirley Gonzales, San Antonio City Councilman in her Individual Capacity; Greg Brockhouse, San Antonio City Councilman in his Individual Capacity; Ana Sandoval, San Antonio City Councilman in her Individual Capacity; Manuel Palaez, San Antonio City Councilman in his Individual Capacity; John Courage, San Antonio City Councilman in his Individual Capacity; Clayton Perry, San Antonio City Councilman in his Official Capacity; City of San Antonio, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed January 3, 2020.


Attorney(s) appearing for the Case

Warren Norred , Norred Law, P.L.L.C., Arlington, TX, David Vandenberg , Vandenberg Law, P.L.L.C., El Paso, TX, for Plaintiff-Appellant David McMahon.

Warren Norred , Norred Law, P.L.L.C., Arlington, TX, Kirk David Lyons , Counsel, Southern Legal Resource Center, Incorporated, Black Mountain, NC, David Vandenberg , Vandenberg Law, P.L.L.C., El Paso, TX, for Plaintiffs-Appellants Steven Littlefield , Texas Division, Sons of Confederate Veterans, Incorporated.

Heather Gebelin Hacker , Assistant Solicitor General, Office of the Attorney General for the State of Texas, Henry Carl Myers , Acting Assistant Attorney General, Office of the' Attorney General, General Litigation Division, for Defendant-Appellee President Gregory L. Fenves, In His Official Capacity as President of the University of Texas at Austin.

Before CLEMENT, ELROD, and DUNCAN, Circuit Judges.


This consolidated case involves First Amendment and state-law challenges to the removal or relocation of Confederate monuments from a San Antonio park and on the University of Texas's Austin campus. In the University case, David McMahon, Steven Littlefield, and the Texas Division of the Sons of Confederate Veterans...

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