PHELPS v. HAMILTON

No. 93-4042-SAC.

828 F.Supp. 831 (1993)

Fred W. PHELPS and Edward F. Engel, Plaintiffs, v. Joan HAMILTON, in her official capacity as District Attorney, Defendant.

United States District Court, D. Kansas.

July 2, 1993.


Attorney(s) appearing for the Case

Elizabeth M. Phelps, Jonathan B. Phelps, Phelps — Chartered, Topeka, KS, for plaintiffs.

Carol R. Bonebrake, Office of the Atty. Gen., Topeka, KS, for defendant.


MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the parties' motions for summary judgment. The plaintiffs bring this civil rights action challenging the constitutionality of the Kansas criminal defamation statute, K.S.A. 21-4004, and the defendant's prosecutions under that statute. Approximately one month after bringing their suit, the plaintiffs filed a motion for preliminary injunction. On the agreement of the parties, this...

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