DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022444P.pdf 08/19/2005 ACLU NE Foundation v. City of Plattsmouth
U.S. Court of Appeals Case No: 02-2444
District of Nebraska
[PUBLISHED] [Bowman, Author, for the Court En Banc]
Civil case - Constitutional law. Like the Ten Commandments
monument in Van Orden v. Perry, 125 S.Ct. 2854 (2005), the Plattsmouth
monument makes passive - and permissible - use of the text of the Ten
Commandments to acknowledge the role of religion in our nation's
heritage, and the district court's judgment in favor of the ACLU is
reversed. Judge Bye, joined by J. Morris S. Arnold, dissenting.
022444P.pdf 02/18/2004 ACLU NE Foundation v. City of Plattsmouth
U.S. Court of Appeals Case No: 02-2444
District of Nebraska
Civil case - Constitutional Law. Doe plaintiff and the ACLU both had
standing to challenge the City's display of a Ten Commandments
monument in a local city park; applying the Lemon test, the public
display of the monument violates the Establishment clause of the First
Amendment, as the City had a solely religious purpose for installing or
maintaining the monument, and the primary effect of the display was to
advance the Judeo-Christian religion. Judge Richard S. Arnold,
concurring. Judge Pasco Bowman, concurring in part (on standing) and
dissenting in part (on application of the Lemon test).
[PUBLISHED] [Bye, Author]