Hunter v. Salem, Missouri, City of et al

Filing 54

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

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
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) No. 4:12-CV-4 ERW
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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.

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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: [phone]
Fax: [phone]
DANIEL MACH
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
915 15th Street NW
Washington, DC 20005
Phone: [phone]
FAX: [phone]
Attorneys for Plaintiff

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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

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