BERNBECK v. GALE

No. 15-1983.

829 F.3d 643 (2016)

Kent BERNBECK, Plaintiff-Appellee v. John A. GALE, Nebraska Secretary of State, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 14, 2016.

Rehearing and Rehearing En Banc Denied September 7, 2016.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Ryan Post , AAG, of Lincoln, NE. The following attorneys also appeared on the appellant brief; Leonard Jay Bartel , AAG, of AAG, of Lincoln, NE., David A. Lopez , AAG, of Lincoln, NE.

Counsel who presented argument on behalf of the appellee was David Domina , of Omaha, NE. The following attorney also appeared on the appellee brief; Megan Mikolajczyk , of Omaha, NE.

Before SHEPHERD, BEAM, and KELLY, Circuit Judges.


Kent Bernbeck brought claims under 42 U.S.C. § 1983 against two public officials in their official capacities, alleging that the procedures they enforce for placing initiatives on Nebraska state and municipal ballots violate his rights under the First and Fourteenth Amendments...

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