Heimbaugh v. City & County of San Francisco

591 F.Supp. 1573 (1984)

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Heimbaugh v. City & County of San Francisco

United States District Court for the Northern District of California
591 F.Supp. 1573 (1984)

Facts

Police arrested Robert Heimbaugh (plaintiff) after Heimbaugh refused to sign a citation for playing softball in a section of Golden Gate Park where softball was not permitted under the San Francisco Park Code § 3.02. Heimbaugh claimed that playing softball was “a statement about the right to democracy in recreation as opposed to elitism” and sued the City and County of San Francisco and its actors (defendants) in the United States District Court for the Northern District of California for violations of the First, Fourth, and Fourteenth Amendments. Heimbaugh requested damages in tort, a declaratory judgment, and an injunction, and the court treated the action as having been brought under 42 U.S.C. § 1983. The defendants motioned for summary judgment and requested reasonable attorneys’ fees under Rule 11 of the Federal Rules of Civil Procedure (FRCP).

Rule of Law

Issue

Holding and Reasoning (Schwarzer, J.)

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