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affirming the judgment of the federal district court stating "we agree with the district court that Davis's free speech rights were not violated: the pleadings establish that Davis wished to speak in a limited designated public forum the protocol used to regulate the order of speakers was content neutral"
Summary of this case from Davis v. Hennepin Cnty.Opinion
No. 10-2297.
Submitted: November 4, 2010.
Filed: November 9, 2010.
Appeal from the United States District Court for the District of Minnesota.
Leslie Davis, Minneapolis, MN, pro se.
Jean Burdorf, Hennepin County Attorney's Office, Minneapolis, MN, for Appellees.
Before LOKEN, MURPHY, and BENTON, Circuit Judges.
[UNPUBLISHED]
In this civil case removed from state court, Leslie Davis appeals the district court's order dismissing his federal claims and remanding the remaining claims to state court. After careful de novo review, see Strand v. Diversified Collection Serv., Inc., 380 F.3d 316, 317 (8th Cir. 2004), we agree with the district court that Davis's free speech rights were not violated: the pleadings establish that Davis wished to speak in a limited designated public forum, the protocol used to regulate the order of speakers was content neutral, Davis refused to follow that protocol and disrupted the meeting, and the security officers who removed him had probable cause to believe he was violating a Minnesota statute prohibiting disorderly conduct at public meetings. We reject Davis's argument that the district court improperly assumed facts, because they were established by his pleadings. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota.