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McDONOUGH v. GARCIA

No. 22-11421.

116 F.4th 1319 (2024)

James Eric McDONOUGH, Plaintiff-Appellant, v. Carlos GARCIA, Garland Wright, individually, City of Homestead, a political subdivision of the State of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: September 16, 2024.

Attorney(s) appearing for the Case

Alan Greenstein, Alan J. Greenstein, PA, Palmetto Bay, FL, for Plaintiff-Appellant.

Edward George Guedes, Anne Reilly Flanigan, Matthew H. Mandel, Weiss Serota Helfman Cole & Bierman, PL, Coral Gables, FL, for Defendants-Appellees.

Kevin A. Golembiewski, Henry Charles Whitake, Office of the Attorney General, Tallahassee, FL, for Amicus Curiae State of Florida.

Erin Jane O'Leary, Anthony A. Garganese, Garganese Weiss D'Agresta & Salzman, PA, Orlando, FL.

Abudu, Circuit Judge, filed a concurring opinion.

James McDonough's trip to the Homestead city council meeting started with a comment and ended with his expulsion. When he returned for the next month's meeting, he learned he had been banned from City Hall. McDonough ended up with a disorderly conduct arrest, as well as a few other charges. He sued, challenging, among other...

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