Society of Separationists v. Pleasant Grove City, No. 04-4136.
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | Lucero |
| Citation | 416 F.3d 1239 |
| Parties | SOCIETY OF SEPARATIONISTS, a non-profit Maryland corporation; G. Gaster; R. Kelsey, Plaintiffs-Appellants, v. PLEASANT GROVE CITY, a municipal corporation; Jim Danklef, Mayor, in his official capacity; Michael Daniels, City Council Member, in his official capacity; Jeff Wilson, City Council Member, in his official capacity; Cindy Boyd, City Council Member, in her official capacity; Darold McDade, City Council Member, in his official capacity; Mark Atwood, City Council Member, in his official capacity; Frank Mills, City Council Member, in his official capacity, Defendants-Appellees. Americans United for Separation of Church and State, Amicus Curiae. |
| Docket Number | No. 04-4136. |
| Decision Date | 01 August 2005 |
v.
PLEASANT GROVE CITY, a municipal corporation; Jim Danklef, Mayor, in his official capacity; Michael Daniels, City Council Member, in his official capacity; Jeff Wilson, City Council Member, in his official capacity; Cindy Boyd, City Council Member, in her official capacity; Darold McDade, City Council Member, in his official capacity; Mark Atwood, City Council Member, in his official capacity; Frank Mills, City Council Member, in his official capacity, Defendants-Appellees.
Americans United for Separation of Church and State, Amicus Curiae.
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Brian M. Barnard (James L. Harris with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for the Plaintiffs-Appellants.
Francis J. Manion, American Center for Law & Justice (Edward L. White III, Thomas More Law Center, Ann Arbor, Michigan with him on the brief), New Hope, KY, for the Defendants-Appellees.
Ayesha Khan and Richard B. Katskee, Washington, DC, filed an amicus curiae brief, for Americans United for Separation of Church and State.
Before TACHA, Chief Judge, LUCERO, and McCONNELL, Circuit Judges.
LUCERO, Circuit Judge.
We informally abated this case — involving the continued placement of a Ten Commandments monument on a public park in Pleasant Grove, Utah — while awaiting the Supreme Court's decisions in Van Orden v. Perry, ___ U.S. ___, 125 S.Ct. 2854, 162 L.Ed.2d 607 (2005) and McCreary County v. American Civil Liberties Union of Ky., ___ U.S. ___, 125 S.Ct. 2722, 162 L.Ed.2d 729 (2005). The Court has now decided these cases, and we reconsider the posture of the present case under the fact-intensive analysis prescribed by the Court's recent decisions.
In the proceedings below, plaintiffs and defendants filed cross-motions for Judgment on the Pleadings under Fed.R.Civ.P. 12(c).1 The trial court determined that the plaintiffs' pleadings failed to state a claim upon which relief could be granted, and granted defendants' motion for judgment on the pleadings. "A decision by the district court granting a defense
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motion for judgment on the pleadings is reviewed de novo, using the same standard of review applicable to a Rule 12(b)(6) motion." Aspenwood Inv. Co. v. Martinez, 355 F.3d 1256, 1259 (10th Cir.2004). "As with a ruling under Fed.R.Civ.P. 12(b)(6), we uphold a dismissal only when it appears that...
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Weinbaum v. Las Cruces Public Schools, No. CV 03-1043 RB/LAM.
...judgment on Plaintiffs remaining claims: the record is inadequately developed. See Soc'y of Separationists v. Pleasant Grove City, 416 F.3d 1239, 1241 (10th Cir.2005); Foremaster v. City of St. George, 882 F.2d 1485, 1492 (10th Cir. 1989). Plaintiffs motion is I. Introduction. A. The Partie......
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Awad v. Ziriax, No. 10–6273.
...Liberties Union of Kentucky, 545 U.S. 844, 125 S.Ct. 2722, 162 L.Ed.2d 729 (2005). See Soc'y of Separationists v. Pleasant Grove City, 416 F.3d 1239, 1241 n. 1 (10th Cir.2005). 6. We have some direction, however, from the numerous cases in which the Court has addressed the merits of Establi......
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Garcia v. Martinez, Civ. No. 19-641 JAP/LF
...of the claims that would entitle the plaintiff to relief." 414 F.Supp.3d 1356 Soc'y of Separationists v. Pleasant Grove City , 416 F.3d 1239, 1241 (10th Cir. 2005) (quotation marks omitted).Sovereign Immunity Under the Eleventh Amendment, "an unconsenting State is immune from suit......
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Cross v. Frazier, Case No. 6:18-cv-00081-DAK-DBP
...18, 2015) (citing Colony Ins. Co. v. Burke, 698 F.3d 1222, 1228 (10th Cir. 2012)). 14. Society of Separationists v. Pleasant Grove City, 416 F.3d 1239, 1240 (10th Cir. 2005) (quoting Deck v. Engineered Laminates, 349 F.3d 1243, 1256 (10th Cir. 2003)). 15. Hall v. Bellmon, 935 F.2d 1106, 110......
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Weinbaum v. Las Cruces Public Schools, No. CV 03-1043 RB/LAM.
...judgment on Plaintiffs remaining claims: the record is inadequately developed. See Soc'y of Separationists v. Pleasant Grove City, 416 F.3d 1239, 1241 (10th Cir.2005); Foremaster v. City of St. George, 882 F.2d 1485, 1492 (10th Cir. 1989). Plaintiffs motion is I. Introduction. A. The Partie......
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Awad v. Ziriax, No. 10–6273.
...Liberties Union of Kentucky, 545 U.S. 844, 125 S.Ct. 2722, 162 L.Ed.2d 729 (2005). See Soc'y of Separationists v. Pleasant Grove City, 416 F.3d 1239, 1241 n. 1 (10th Cir.2005). 6. We have some direction, however, from the numerous cases in which the Court has addressed the merits of Establi......
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Garcia v. Martinez, Civ. No. 19-641 JAP/LF
...in support of the claims that would entitle the plaintiff to relief." 414 F.Supp.3d 1356 Soc'y of Separationists v. Pleasant Grove City , 416 F.3d 1239, 1241 (10th Cir. 2005) (quotation marks omitted).Sovereign Immunity Under the Eleventh Amendment, "an unconsenting State is immune from sui......
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Cross v. Frazier, Case No. 6:18-cv-00081-DAK-DBP
...18, 2015) (citing Colony Ins. Co. v. Burke, 698 F.3d 1222, 1228 (10th Cir. 2012)). 14. Society of Separationists v. Pleasant Grove City, 416 F.3d 1239, 1240 (10th Cir. 2005) (quoting Deck v. Engineered Laminates, 349 F.3d 1243, 1256 (10th Cir. 2003)). 15. Hall v. Bellmon, 935 F.2d 1106, 110......