Shortz v. City of Phenix City, Alabama et al (MAG+)
Filing
68
OPINION. Signed by Honorable Judge Myron H. Thompson on 12/30/2015. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
JAMES H. SHORTZ,
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
RAY SMITH and
MICHELE KILDAY,
Defendants.
CIVIL ACTION NO.
3:14cv612-MHT
(WO)
OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff filed this
lawsuit asserting that defendants violated his First
Amendment rights when they denied him the use of a
meeting room in the Phenix City-Russell County Public
Library,
which
he
wanted
to
use
to
hold
an
event
explaining the differences between Dr. Martin Luther
King,
Jr.,
and
Robert
being
commemorated
on
This
lawsuit
now
is
E.
Lee,
whose
the
same
day
before
birthdays
by
the
the
court
were
library.
on
the
recommendation of the United States Magistrate Judge
that
defendants’
granted,
because
motion
plaintiff
for
summary
identifies
judgment
no
facts
be
from
which the court could conclude that the denial of his
request was, as he contends, based on the content of
his proposed speech, and does not dispute defendants’
assertion
that
he
had
been
aggressive,
loud,
and
disruptive in the library--behavior which would form
(and
defendants
constitutionally
contend
did
legitimate
in
basis
fact
for
the
decision to deny him the use of the room.
the
court
are
recommendation.
review
of
plaintiff’s
the
plaintiff’s
After
an
record,
objections
should
court
be
a
library’s
Also before
objections
to
the
de
novo
concludes
that
independent
the
form)
and
overruled
and
the
magistrate judge’s recommendation adopted.
An appropriate judgment will be entered.
DONE, this the 30th day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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