Case 3:16-cv-02579-B Document 51 Filed 09/15/17 Page 1 of 3 PageID 1087

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

AVI S. ADELMAN,

Plaintiff,

v. CIVIL ACTION NO. 3:16-cv-2579

DALLAS AREA RAPID TRANSIT and
STEPHANIE BRANCH, individually and in
her official capacity as a Dallas Area Rapid
Transit Police Officer,

Defendants.

PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT

Pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.3, Plaintiff Avi

S. Adelman files this Motion for Partial Summary Judgment and respectfully requests that

the Court enter summary judgment on Plaintiffs Count II (liability only), Count III

(liability only), and Application for Permanent Injunction.

SUMMARY

Plaintiff moves for summary judgment on the following claims and elements

asserted in his Complaint [Dkt. #2]:

1. Count II for Defendant Stephanie Branchs violation of Plaintiffs Fourth

and Fourteenth Amendment rights pursuant to 42 U.S.C. 1983 (liability only);

2. Count III for Defendant Dallas Area Rapid Transits violation of Plaintiffs

First, Fourth, and Fourteenth Amendment rights pursuant to 42 U.S.C. 1983 (liability

only); and

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3. Application for Permanent Injunction prohibiting Defendant Dallas Area

Rapid Transit from enforcing Section 2.02(a)(14) of DARTs Code of Conduct to prohibit

photography and other expressive activity.

Concurrently with this Motion, Plaintiff files a Brief in Support and Appendix in

Support. Plaintiff incorporates these documents by reference and refers to his Brief in

Support to satisfy the requirements of Local Rule 56.3.

CONCLUSION

For the reasons set forth in this Motion and the incorporated documents, Plaintiff

respectfully requests that the Court grant summary judgment in favor of Plaintiff and

against Defendants on Plaintiffs Count II, Count III, and Application for Permanent

Injunction. Plaintiff also requests all additional relief to which he is entitled.

Respectfully submitted,

REESE GORDON MARKETOS LLP

By: /s/ Tyler J. Bexley

Tyler J. Bexley
State Bar No. 24073923
750 N. Saint Paul St., Suite 600
Dallas, Texas 75201-3202
214.382.9810 telephone
214.501.0731 facsimile
tyler.bexley@rgmfirm.com

ATTORNEY FOR PLAINTIFF

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CERTIFICATE OF SERVICE

The undersigned certifies that, on September 15, 2017, the foregoing document
was submitted to the clerk of the U.S. District Court, Northern District of Texas, using
the electronic case filing system (CM/ECF) of the court. I certify that the document was
served on all known counsel of record electronically as authorized by Federal Rule of
Civil Procedure 5(b)(2).

s/ Tyler J. Bexley