United States Tenth Circuit

In suits under 42 U.S.C. section 1983 claiming that defendants-city and school district violated the Establishment Clause of the First Amendment by displaying three crosses on public property, judgment for defendants is affirmed where the city's unique name (which translates to "The Crosses"), its history, and the record, adequately established under the requisite standards that the challenged symbols were not intended to endorse Christianity and did not have the effect of doing so.

Appellate Information

• Decided 09/14/2008
• Published 09/15/2008

Judges

• EBEL, Circuit Judge., Before LUCERO, EBEL and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brett Duke, The Law Offices of Brett Duke, P.C., El Paso, TX, for Plaintiffs-Appellants., Roy S. Moore, Gregory M. Jones and Benjamin Dupre, Foundation for Moral Law, Montgomery, AL, filed an amicus curiae brief for Foundation for Moral Law., Steven W. Fitschen, Virginia Beach, VA, filed an amicus curiae brief for the National Legal Foundation., Paul F. Weinbaum, pro se, Las Cruces, NM.


• For Appellees:
  
• Matthew P. Holt, Holt, Babington, Mynatt P.C., Las Cruces, NM, for Defendants-Appellees.