Legal Opinion
Donald E. Hershey v. City of Clearwater, a Municipal Corporation, Tami Jo Swain
Court of Appeals for the Eleventh Circuit
Decided December 21, 1987No. 87-3288PublishedCited by 31 opinions
1Opinion of the Court
EDMONDSON, Circuit Judge:
This case presents as its central issue the constitutionality of a city ordinance forbidding lodging and sleeping in motor vehicles in public areas. Appellant was arrested, although never tried, for violating the ordinance and subsequently brought a 42 U.S. C. sec. 1983 action against the City of Clearwater and against the arresting officer. He now challenges the district court’s grant of summary judgment in their favor. Although we rely on different reasons than did the district court, we affirm the district court’s grant of summary judgment.
During the afternoon of…
2Cases cited26 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
21 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Coral Springs Street Systems, Inc. v. City of SunriseCourt of Appeals for the Eleventh Circuit · 2004
- James S. Joel v. City of OrlandoCourt of Appeals for the Eleventh Circuit · 2000
- Pottinger v. City of MiamiDistrict Court, S.D. Florida · 1992
- Charles Whiting, Iii, and Eric Anderson v. Town of Westerly and Mark ChamplinCourt of Appeals for the First Circuit · 1991
- Loggerhead Turtle v. County Council of Volusia County, FloridaCourt of Appeals for the Eleventh Circuit · 1998
26 more not listed; retrieve them via the Exa API.