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VERNON BEIGAY, INC. v. TRAXLER

No. 85-1592.

790 F.2d 1088 (1986)

VERNON BEIGAY, INC., d/b/a Video Zone, Appellant, v. William B. TRAXLER, Jr., individually and as Solicitor for the Thirteenth Judicial Circuit, ex rel.; Johnny Mack Brown, individually and as Sheriff of Greenville County, South Carolina and ex rel.; Greenville County, South Carolina; Travis M. Medlock, Jr., individually and as South Carolina Attorney General and ex rel. State of South Carolina and State of South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 28, 1986.

Attorney(s) appearing for the Case

Robert Eugene Smith (Kim Varner, Varner & McClain, Greenville, S.C., on brief), for appellant.

Harvey G. Sanders, Jr. (Leatherwood, Walker, Todd & Mann, Greenville, S.C., on brief), William E. Salter, III (David C. Eckstrom; Office of Atty. Gen. for the State of S.C., Columbia, S.C., on brief), for appellees.

Before RUSSELL and ERVIN, Circuit Judges, and MERHIGE, District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Circuit Judge:

Vernon Beigay, Inc. (Beigay) brought this action challenging the constitutionality of South Carolina's obscenity statutes, S.C.Code Ann. §§ 16-15-260 to -440 (Law.Co-op.1985). Beigay sought injunctive relief against the enforcement of these statutes. Beigay further sought damages under 42 U.S.C. § 1983 (1982) for the appellees' enforcement actions, which allegedly chilled and violated Beigay's U.S. Constitutional rights guaranteed...

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