Seeking to protect their civil liberties and constitutional rights, the plaintiffs
identified above (the “Plaintiff
their complaint against the City of Lake Elsinore,
California (the “City”), by its city council (the “City Council”), consisting of its mayor,
Robert Magee, mayor pro tem Natasha Johnson, and councilmembers Daryl Hickman,Steve Manos and Brian Tisdale (collecti
vely, the “Defendant”), allege as follows:
NATURE OF THE CLAIMS1.
This action challenges the constitutionality of the City’s design, approval,
funding, construction, ownership, maintenance and prominent display of a
monument (the “Cross Monument”) depictin
g a soldier kneeling before a Christiancross as a violation of the separation of church and state required by (i) theEstablishment Clause of the First Amendment of the United States Constitution, asapplied to the City by the Fourteenth Amendment thereof, and (ii) theEstablishment, No Preference and No-Aid to Religion Clauses of Articles I(Section 4) and XVI (Section 5) of the California Constitution.2.
The Plaintiffs seek injunctive and declaratory relief under 42 U.S.C. § 1983against the Defendant and nominal damages to redress this violation of the
separation of church and state, together with recovery of attorney’s fees and costs
under 42 U.S.C. § 1988 (b).