This section contains the nature of the case and procedural background.

Heimbaugh (P) sued D for interfering with his playing softball in Golden Gate Park. City ordinances only allowed the playing of hardball in the area under question. P refused to leave and demanded to be cited by the police officers present. P alleged violation of his First, Fourth, and Fourteenth Amendment rights. D moved for a summary judgment, and it was granted. P appealed.

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