United States Tenth Circuit

In a 42 U.S.C. section 1983 suit brought by a religious organization against a city and officials alleging a violation of its First Amendment rights, denial of the organization's request for a preliminary injunction to require the city to permit the display of plaintiff's monument in a park is reversed where plaintiff met its burden under all four factors necessary for a preliminary injunction and made the strong showing required under the heightened standard for disfavored injunctions.

Appellate Information

• Decided 04/17/2007
• Published 04/18/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and KANE, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian M. Barnard, Utah Legal Clinic, Salt Lake City, UT, appearing for Appellant.


• For Appellees:
  
• Francis J. Manion, American Center for Law & Justice, New Hope, KY (Edward L. White, III, Thomas More Law Center, Ann Arbor, MI, Jay Alan Sekulow, American Center for Law & Justice, Washington, DC, and Geoffrey R. Surtees, American Center for Law & Justice, New Hope, KY, with him on the brief), appearing for Appellees.