Milestone v. City of Monroe, Wisc.

Magistrate Judge did not err in granting defendant-City's motion for summary judgment in section 1983 action alleging that plaintiff's expulsion from City's Senior Center arising out of card game dispute violated plaintiff's free-speech and due process rights. Plaintiff could not maintain instant lawsuit against defendant since: (1) Center's director and Senior Citizen's Bd. that upheld director's expulsion order were not City's final policymakers for purpose of enforcing Center's Code of Conduct; and (2) plaintiff had failed to appeal expulsion order to City's Common Council. Moreover, Ct. rejected plaintiff's argument that Conduct Code was unconstitutionally vague and further noted that: (1) instant expulsion arose out of series of incidents in which plaintiff had engaged in heated confrontations with other patrons and Center's director; and (2) said Conduct Code constituted reasonable time, place or manner restriction.