Federal 7th Circuit Court
Civil Court
First Amendment
Dist. Ct. erred in granting plaintiffs' motion for summary judgment in section 1985 action against defendant-City alleging that defendant had threatened their future exercise of their First Amendment rights to preach at festival conducted by different church on City streets through official City policy that would have improperly excluded them from preaching at future festivals held by said church. Only evidence of defendant's policy came in form of ill-fated argument made by defendant's counsel in instant lawsuit regarding ability of defendant to exclude plaintiff from preaching at future festivals, and such argument did not constitute official policy of defendant for purposes of establishing defendant's liability under section 1983.