Cuviello

Cuviello v. City of Vallejo

Good Law
United States District Court, Eastern District of CaliforniaJanuary 15, 20202:16-cv-02584California589 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH CUVIELLO, No. 2:16-cv-02584 KJM KJN Plaintiff, ORDER v. CITY OF VALLEJO, et al., Defendants. 16 On October 31, 2016, plaintiff filed a complaint for injunctive relief, declaratory relief and damages against defendants City of Vallejo, City of Vallejo City Attorney Claudia Quintana, and City of Vallejo Police Officer M. Cutnick. Compl. ¶ 1, ECF No. 1. In his complaint, plaintiff alleged defendants violated his First Amendment right to free speech by unreasonably prohibiting him from using a bullhorn as part of his demonstration at Six Flags Discovery Kingdom in Vallejo. Id. Plaintiff brought this action under 42 U.S.C. § 1983, as well as the First and Fourteenth Amendments to the United States Constitution. Id. On March 17, 2017, plaintiff filed a motion for a preliminary injunction asking the court to enjoin the enforcement of Vallejo Municipal Code Chapter 8.56 Section 8.56.10, which authorized law enforcement to…

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