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Clarke v. Goodson, 2:17cv730-MHT. (2018)

Court: District Court, M.D. Alabama Number: infdco20180926832 Visitors: 19
Filed: Sep. 25, 2018
Latest Update: Sep. 25, 2018
Summary: OPINION MYRON H. THOMPSON , District Judge . Pursuant to 42 U.S.C. 1983, plaintiffs filed this lawsuit asserting that the defendant county commissioners violated their rights to equal protection and due process, and the Establishment Clause of the First Amendment, in deciding not to approve plaintiffs' application for a license to sell alcohol at their business. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants' motion for dis
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OPINION

Pursuant to 42 U.S.C. § 1983, plaintiffs filed this lawsuit asserting that the defendant county commissioners violated their rights to equal protection and due process, and the Establishment Clause of the First Amendment, in deciding not to approve plaintiffs' application for a license to sell alcohol at their business. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants' motion for dismissal be granted and plaintiff's case be dismissed. Also before the court are plaintiff's objections to the recommendation. After an independent and de novo review of the record, the court concludes that plaintiff's objections should be overruled and the magistrate judge's recommendation adopted, albeit for somewhat different reasons.

An appropriate judgment will be entered.

Source:  Leagle

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