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WILSON v. STOCKER

Nos. 85-2323, 85-2641 and 85-2736.

819 F.2d 943 (1987)

James E. WILSON, Plaintiff-Appellee, v. Cathy STOCKER, in her capacity as District Attorney for District No. Four, State of Oklahoma, Defendant, Robert H. Henry, in his capacity as Attorney General for the State of Oklahoma, Defendant-Appellant. James E. WILSON, Plaintiff-Appellee, v. Cathy STOCKER, in her capacity as District Attorney for District No. Four, State of Oklahoma, Defendant-Appellant, Robert H. Henry, in his capacity as Attorney General for the State of Oklahoma, Defendant.

United States Court of Appeals, Tenth Circuit.

May 14, 1987.

Attorney(s) appearing for the Case

John Galowitch, Asst. Atty. Gen., State of Okl., Oklahoma City, Okl., for defendant-appellant Turpen.

William S. Flanagan, Asst. Dist. Atty., El Reno, Okl., for defendant-appellant Stocker.

Mark E. Hammons (C. Elaine Hammons, with him on the brief) of Hammons & Hammons, El Reno, Okl., for plaintiff-appellee.

Before SEYMOUR, McWILLIAMS, and BARRETT, Circuit Judges.

SEYMOUR, Circuit Judge.

James Wilson was arrested and detained by the El Reno, Oklahoma, police department for distributing anonymous campaign literature in violation of a state statute. While the matter was still under investigation and before formal charges had been filed, Wilson brought this suit under 42 U.S.C. § 1983 (1982). Wilson asserted that the statute infringed his First Amendment rights and sought declaratory and injunctive relief, naming as defendants...

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