MILLER v. MITCHELL

No. 09-2144.

598 F.3d 139 (2010)

MaryJo MILLER, Individually and on behalf of her minor daughter, MM; Jami Day, Individually and on behalf of her minor daughter GK; Jane Doe, Individually and on behalf of her minor daughter, ND v. Jeff MITCHELL, In his official capacity as District Attorney of Wyoming County, Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: March 17, 2010.


Attorney(s) appearing for the Case

Michael J. Donohue, Esquire (Argued), A. James Hailstone, Esquire, Kreder, Brooks, Hailstone & Ludwig, Scranton, PA, for Appellant.

Valerie A. Burch, Esquire, American Civil Liberties Foundation of Pennsylvania, Harrisburg, PA, Seth Kreimer, Esquire, University of Pennsylvania School of Law, Mary Catherine Roper, Esquire, American Civil Liberties Union of Pennsylvania, Philadelphia, PA, Sara J. Rose, Esquire, Witold J. Walczak, Esquire (Argued), American Civil Liberties Union, Pittsburgh, PA, for Appellees.

Marsha L. Levick, Esquire, Philadelphia, PA, for Amicus Appellee.

Before: AMBRO, CHAGARES, and STAPLETON, Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

In 2008, the District Attorney of Wyoming County in Pennsylvania presented teens suspected of "sexting" with a choice: either attend an education program designed by the District Attorney in conjunction with two other agencies or face felony child pornography charges. Plaintiffs brought suit to enjoin the District Attorney from bringing criminal charges in retaliation for their refusal to attend the education program...

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