Legal Opinion

Alvarado v. City of San Jose

Court of Appeals for the Ninth Circuit

Decided August 23, 1996No. 95-15519PublishedCited by 33 opinions

1Opinion of the Court

T.G. NELSON, Circuit Judge:

Raquel Alvarado (“Alvarado”) and others appeal the district court’s summary judgment in favor of the City of San Jose and the City Development Agency (collectively, “the City”), in their 42 U.S.C § 1983 action alleging that the City’s installation and maintenance of the “Plumed Serpent” sculpture in a city park violated the Establishment Clause of the First Amendment and Articles I § 4 and XVI § 5 of the California Constitution. The district court concluded that while the statue had “religious significance,” it did not promote or endorse religion in violation of…

2Cases cited20 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Wisconsin v. YoderSupreme Court of the United States · 1972
  3. Lynch v. DonnellySupreme Court of the United States · 1984
  4. United States v. SeegerSupreme Court of the United States · 1965
  5. County of Allegheny v. American Civil Liberties UnionSupreme Court of the United States · 1989

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3Cited by33 opinions

  1. Ben Kalka v. Kathleen Hawk,appelleesCourt of Appeals for the D.C. Circuit · 2000
  2. Todd v. California Department of Corrections & RehabilitationCourt of Appeals for the Ninth Circuit · 2015
  3. Robert Brooks v. City of Oak RidgeCourt of Appeals for the Sixth Circuit · 2000
  4. Buono v. NortonDistrict Court, C.D. California · 2002
  5. Friedman v. Southern California Permanente Medical GroupCalifornia Court of Appeal · 2002

28 more not listed; retrieve them via the Exa API.

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