Hunter v. Salem, Missouri, City of et al

Filing 54

MOTION for Summary Judgment by Plaintiff Anaka Hunter. (Rothert, Anthony)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) ) ) ) No. 4:12-CV-4 ERW ) ) ) ) ) ANAKA HUNTER, Plaintiff, v. BOARD OF TRUSTEES, SALEM PUBLIC LIBRARY, et al., Defendants. PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Pursuant to Federal Rule of Civil Procedure 56(a) and for the reasons set forth in the memorandum in support of this motion, which is filed herewith, Plaintiff moves this Court for entry of summary judgment against Defendants. As fully set forth in the accompanying memorandum in support, there are no material facts in dispute that preclude granting Plaintiff summary judgment on Counts I and II of her Complaint. Defendants’ past policy, practice, and custom of blocking Internet content based on viewpoint is unconstitutional under the Free Speech Clause and Establishment Clause of the First Amendment. Therefore, Plaintiff respectfully requests that this Court grant her summary judgment on Counts I and II of her complaint, an award of nominal damages in the amount of $1.00, and a permanent injunction. 1 Respectfully submitted, /s/ Anthony E. Rothert ANTHONY E. ROTHERT, #44827MO GRANT R. DOTY, #60788MO AMERICAN CIVIL LIBERTIES UNIONOF EASTERN MISSOURI 454 Whittier Street St. Louis, Missouri 63108 Phone: 314/652-3114 Fax: 314/652- 3112 DANIEL MACH AMERICAN CIVIL LIBERTIES UNION FOUNDATION 915 15th Street NW Washington, DC 20005 Phone: (202) 675-2330 FAX: (202) 546-0738 Attorneys for Plaintiff 2 CERTIFICATE OF SERVICE I hereby certify that on February 25, 2013, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system and a copy was made available electronically to all electronic filing participants. /s/ Anthony E. Rothert 3

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