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]