091679P.pdf   05/17/2010  Michael Nikolas  v.  City of Omaha
   U.S. Court of Appeals Case No:  09-1679
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Loken, Chief Judge, Author, with Gruender and
   Benton, Circuit Judges]
   Civil Case - civil rights. The dismissal of claims for damages arising
   from the City's prosecution, later reversed, under a littering city code
   violation is affirmed, as the constitutional vagueness, delegation, ex post
   facto violation, and Fourth Amendment claims are without merit. The
   Fourth Amendment claims relating to the inspection of the garage fail, as
   inspector did not need a warrant before looking in the window to confirm
   or refute an apparent violation. The due process claim failed, as Nikolas
   had notice of violation and he was not denied use of a protected property
   interest.