Wednesday, December 12, 2007

Plaintiff Can Proceed In Claim That Citations Were Aimed At Preventing His Religious Worship

In Price v. Montgomery, 2007 U.S. Dist. LEXIS 90423 (D SC, Dec. 7, 2007), a South Carolina federal district judge rejected defendants' motion for summary judgment in an unusual Free Exercise case. Plaintiff Darnell Price claimed that three tickets issued to him for violation of local ordinances were issued at the direction of City Manager Carolyn Montgomery in an effort to interfere with Price's worship at the Atlantic Beach (SC) CME Mission Church. The court also permitted Price to move ahead with his Fourth Amendment and his malicious prosecution claims.