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MILLER v. CITY OF EXCELSIOR, MINNESOTA

File No. 22-cv-762 (ECT/JFD).

618 F.Supp.3d 820 (2022)

David MILLER, Plaintiff, v. CITY OF EXCELSIOR, MINNESOTA; Brian Tholen, in his official capacity as Police Chief for South Lake Minnetonka Police Department; and Officer John Doe, in his individual capacity acting as a police officer for South Lake Minnetonka Police Department, Defendants.

United States District Court, D. Minnesota.

Signed August 2, 2022.

Attorney(s) appearing for the Case

David Markese and Frederick H. Nelson , American Liberties Institute, Orlando, FL; Samuel W. Diehl , CrossCastle PLLC, Minneapolis, MN; and Nathan W. Kellum , Center for Religious Expression, Memphis, TN, for Plaintiff David Miller.

Katherine M. Swenson , Monte A. Mills , and Emily Muirhead McAdam , Greene Espel PLLP, Minneapolis, MN, for Defendants City of Excelsior, Brian Tholen, and Officer John Doe.

OPINION AND ORDER

Plaintiff David Miller wants to share his religious views with a voice amplifying device on public sidewalks in the downtown business district of Excelsior, Minnesota. In this lawsuit, he makes facial and as-applied challenges under 42 U.S.C. § 1983 to City of Excelsior...

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