202571P.pdf   09/02/2021  Sally Ness  v.  City of Bloomington
   U.S. Court of Appeals Case No:  20-2571
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Colloton, Author, with Wollman and Kobes, Circuit Judges] 
   Civil case - Civil rights. Plaintiff brought this action seeking a 
   declaration that Minnesota's 2019 harassment statute, Minn. Stat. Sec. 
   609.749, and the City of Bloomington's ordinance governing photographing 
   of children in public parks were unconstitutional on their face and as 
   applied to her; plaintiff's challenge to the 2019 version of the Minnesota 
   statute and claim for injunctive relief are moot in light of the adoption 
   of a new version of the statute in 2020 which addressed plaintiff's 
   complaint that the statute was unconstitutional because it lacked an 
   intent requirement; with respect to plaintiff's complaint against two 
   police officers in their individual capacities for threatening to enforce 
   the 2019 statute, the officers could reasonably rely on a statute which 
   had not been declared unconstitutional at their time of their actions, and 
   they were entitled to qualified immunity; claim for nominal damages 
   against the City and the officers in their official capacities rejected as 
   plaintiff failed to allege a City policymaker adopted the state statute as 
   the official policy of the City or that the City had a policy or custom of 
   enforcing the statute in an unconstitutional manner; Section 5.21(23) of 
   the Bloomington City Code governing the filming and photographing of 
   children in parks is unconstitutional as applied to plaintiff and that 
   portion of the suit is remanded to the district court for entry of 
   judgment for plaintiff that the section is unconstitutional as applied to 
   plaintiff's photography and video recording of matters relating to a 
   public controversy at Smith Park.