Opinion
No. 06-12268 Non-Argument Calendar.
February 22, 2007.
Cary Stephen Wiggins, Cook, Youngelson Wiggins, Atlanta, GA, for Plaintiff-Appellant.
O. Hale Almand, Jr., Macon, GA, for Defendants-Appellees.
Appeal from the United States District Court for the Middle District of Georgia. D.C. Docket No. 02-00125-CV-CAR-5.
Before TJOFLAT, HULL and COX, Circuit Judges.
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 Plaintiffs 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.