Penthouse International, Ltd. v. Webb

ORDER

SHOOB, District Judge.

I. INTRODUCTION

This is an action under 42 U.S.C. § 1983 for declaratory and injunctive relief as well as for damages. Plaintiff, publisher of the monthly magazine “Penthouse,” alleges that James Webb, Solicitor General of Fulton County, has wrongfully brought accusations against plaintiff and Elson’s News and Gift Shops, Inc., a distributor of Penthouse, for violation of the Georgia obscenity distribution statute, O.C.Ga.Ann. § 16-12-80, in the distribution of the September 1984 issue of Penthouse, and has thus violated plaintiff’s rights under the first and…