The parties have submitted set of stipulated proposed findings of fact, which this court has
incorporated into the background section, as well as separate proposed findings of fact.
- 2 -Elmbrook Church or other religious venue. Alternatively, the plaintiffs seek a permanentinjunction barring the District from holding school events at the Elmbrook Church unlessall visible religious symbols are covered or removed. Additionally, the plaintiffs requestmonetary damages, attorneys fees, and a declaratory judgment that the practice of holdinghigh school graduation ceremonies in a house of worship violates their rights under theU.S. Constitution. Cross motions for summary judgment on all claims are now before thecourt.I. SUMMARY JUDGMENT STANDARDIn deciding a motion for summary judgment, a court must view the evidencein the light most favorable to the nonmoving party.
Hicks v. Midwest Transit, Inc
., 479 F.3d468, 470 (7th Cir.2007). On cross motions, the court construes “all facts and inferencestherefrom ‘in favor of the party against whom the motion under consideration is made.’”
In re United Air Lines Inc.
, 453 F.3d 463, 468 (7th Cir. 2006) (quoting
Kort v. Diversified Collection Servs., Inc
., 394 F.3d 530, 536 (7th Cir. 2005)). Summary judgment isappropriate when “there is no genuine issue as to any material fact and . . . the movant isentitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c).II. BACKGROUND
Of primary concern to the plaintiffs are graduation exercises for two publichigh schools in the Elmbrook School District, Brookfield, Wisconsin, that have been heldat the Elmbrook Church, a Christian facility, also in Brookfield, Wisconsin. BrookfieldCentral High School (“Brookfield Central”) has held its annual commencement exercises
Case 2:09-cv-00409-CNC Filed 07/19/10 Page 2 of 27 Document 77