Legal Opinion
Weinbaum v. City of Las Cruces, NM
Court of Appeals for the Tenth Circuit
Decided September 12, 2008No. 06-2355, 07-2012PublishedCited by 61 opinions
1Opinion of the Court
EBEL, Circuit Judge.
Paul Weinbaum, a resident of the Las Cruces area, brought two separate suits under 42 U.S.C. § 1983 claiming that Las Cruces, New Mexico (the “City”) and the Las Cruces Public School District (the “District”) have violated the Establishment Clause of the First Amendment by displaying, in various forms, three crosses on public property. 1 Weinbaum sought de claratory and injunctive relief in both suits, as well as damages and attorney’s fees.
The district court evaluated Weinbaum’s claims using the three-part test set forth in Lemon v. Kurtzman, 403 U.S. 602, 612-13, 91…
2Cases cited40 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
- Abington School Dist. v. SchemppSupreme Court of the United States · 1963
- Lynch v. DonnellySupreme Court of the United States · 1984
- Epperson v. ArkansasSupreme Court of the United States · 1968
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3Cited by61 opinions
- Green v. Haskell County Board of CommissionersCourt of Appeals for the Tenth Circuit · 2009
- Ford v. PryorCourt of Appeals for the Tenth Circuit · 2008
- Trunk v. City of San DiegoCourt of Appeals for the Ninth Circuit · 2011
- Francene Tearpock-Martini v. Borough of ShickshinnyCourt of Appeals for the Third Circuit · 2014
- Medina v. Catholic Health InitiativesCourt of Appeals for the Tenth Circuit · 2017
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