Bradburn et al v. North Central Regional Library District

Filing 39

MOTION for Summary Judgment by all plaintiffs. (Caplan, Aaron)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. NORTH CENTRAL REGIONAL LIBRARY DISTRICT, Defendant.

The Honorable Edward F. Shea

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SARAH BRADBURN, PEARL CHERRINGTON, CHARLES HEINLEN, and the SECOND AMENDMENT FOUNDATION, Plaintiffs, No. CV-06-327-EFS PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

Plaintiffs Sarah Bradburn, Pearl Cherrington, Charles Heinlen and the Second Amendment Foundation move for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. The basis for this Motion is more fully set forth in Plaintiffs' Memorandum of Law in Support of Their Motion for Summary Judgment; Plaintiffs' Statement of Material Facts in Support of Their Motion for Summary Judgment; and the Declaration of Duncan Manville, filed concurrently herewith.

PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ­ Page 1

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Plaintiffs move for entry of an order: A. B. Directing that summary judgment be entered in favor of Plaintiffs; and Directing that a permanent injunction be entered as follows: NCRL is enjoined

from operating its Internet filtering system unless it establishes policies and procedures to ensure that the filter will be immediately disabled upon the request of any adult library patron.

DATED this 4th day of February, 2008. AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION By: /s/ Duncan Manville Duncan Manville, WSBA #30304 1629 2nd Avenue W. Seattle, WA 98119 Tel. [phone] Fax [phone] [e-mail] Aaron H. Caplan, WSBA #22525 American Civil Liberties Union of Washington Foundation 705 Second Avenue, Third Floor Seattle, WA 98103 Tel. [phone] Fax [phone] [e-mail] Catherine Crump, pro hac vice American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 Tel. [phone] [e-mail] Counsel for Plaintiffs

PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ­ Page 2