Lots of feedback on Twitter about this and so I committed to take some of my time to research this. Below are the links where I am starting and will comb through the information and update my thoughts no later than Tuesday (its a lot of reading). The last article, it should be noted, is from a stringently libertarian point of view and should be taken as such. The other two sources are more formal.

https://www.docketbird.com/court-documents/Thornton-v-Abel-et-al/MEMORANDUM-OPINION-AND-ORDER-granting-52-Joint-Motion-for-Summary-Judgment-filed-by-Defendants-Paul-Abel-and-the-City-of-Pittsburgh-The-Motion-for-Summary-Judgment-filed-by-Defendants-is-GRANTED-as-to-all-federal-claims-alleged-in-Plaintiffs-Compl-ai/pawd-2:2009-cv-00246-00069