Legal Opinion

Aurelio Duarte v. City of Lewisville, Texas

Court of Appeals for the Fifth Circuit

Decided May 30, 2017No. 15-41456PublishedCited by 389 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge:

Aurelio Duarte together with his wife and two children challenge the constitutionality of a Lewisville, Texas, ordinance (“the Ordinance”) that restricts where certain individuals convicted of sex offenses may live within the city. Specifically, they allege that the Ordinance deprives both Duarte individually and the Duarte Family as a whole of procedural due process and violates Duarte’s constitutional right to equal protection. The district court granted summary judgment in favor of Lewis-ville. We affirm.

I

In 2006, Duarte was found guilty after a jury…

2Cases cited31 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
  3. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  4. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  5. McGowan v. MarylandSupreme Court of the United States · 1961

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3Cited by389 opinions

  1. Roger Hawes v. William StephensCourt of Appeals for the Fifth Circuit · 2020
  2. Golden Glow v. City of Columbus, MSCourt of Appeals for the Fifth Circuit · 2022
  3. Evenstad v. City of W. St. PaulDistrict Court, D. Maine · 2018
  4. Newell-Davis v. PhillipsCourt of Appeals for the Fifth Circuit · 2022
  5. Whole Woman's Health v. SmithDistrict Court, W.D. Texas · 2018

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