[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEB 22, 2007
No. 06-12268
THOMAS K. KAHN
Non-Argument Calendar
CLERK
________________________
D.C. Docket No. 02-00125-CV-CAR-5
2025 EMERY HIGHWAY, L.L.C.,
d.b.a Club Exotica,
Plaintiff-Appellant,
versus
BIBB COUNTY, GA,
JOHN DOE, in his official capacity with the
Bibb County Sheriff's office,
JERRY M. MODENA, SR., Sheriff, in his official capacity
as the Sheriff of Bibb County,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
________________________
(February 22, 2007)
Before TJOFLAT, HULL and COX, Circuit Judges.
PER CURIAM:
The Plaintiff 2025 Emery Highway, LLC d/b/a Club Exotica (“The Club”)
contends on this appeal that the district court erred by: (1) denying The Club
declaratory and injunctive relief that would permit it to offer nude dance
entertainment; (2) concluding that actions at The Club on August 16, 2003 did not
amount to a prior restraint of Plaintiff’s First Amendment rights; and (3) concluding
that the Bibb County Sheriff’s Office acted as an “arm of the state” and as such is
entitled to Eleventh Amendment immunity from this damage claim.
Having reviewed the briefs and relevant parts of the record, we discern no
reversible error.
AFFIRMED.
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