PHELPS v. KANSAS SUPREME COURT

No. 79-2297.

662 F.2d 649 (1981)

Fred W. PHELPS, Sr., Plaintiff-Appellant, v. KANSAS SUPREME COURT, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 5, 1981.

Rehearing Denied November 19, 1981.


Attorney(s) appearing for the Case

Charles S. Fisher, Jr., Topeka, Kan. (Fisher, Ochs & Heck, Topeka, Kan., with him on the brief), for plaintiff-appellant.

Philip A. Harley, Topeka, Kan. (Scott, Quinlan & Hect, Robert T. Stephan, Atty. Gen. of Kansas and Bruce E. Miller, Deputy Atty. Gen., Topeka, Kan., with him on the brief), for defendants-appellees.

Robert F. Bennett of Bennett, Lytle, Wetzler, Winn & Martin, Prairie Village, submitted brief of amicus curiae Kansas Bar Association.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This civil rights action was brought under 42 U.S.C. § 1983, with jurisdiction asserted under 28 U.S.C. § 1343. Plaintiff-appellant Phelps, a lawyer, was disbarred by the defendant-appellee Kansas Supreme Court. The members of that court and its disciplinary administrator were joined as defendants. Phelps claims that he was denied his constitutional right to due process. The federal...

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