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, )

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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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