PHELPS v. HAMILTON

No. 95-3251.

122 F.3d 1309 (1997)

Fred W. PHELPS, Sr.; Jonathan B. Phelps, Karl D. Hockenbarger, Charles F. Hockenbarger; Timothy B. Phelps, and Margie J. Phelps, Plaintiffs-Appellants, v. Joan HAMILTON, in her official capacity as District Attorney, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 12, 1997.


Attorney(s) appearing for the Case

Elizabeth M. Phelps, Phelps-Chartered, Topeka, KS, and Margie J. Phelps, for Plaintiffs-Appellants.

Deanne Watts Hay and Martha A. Peterson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., Topeka, KS, for Defendant-Appellee.

Before BRORBY, HENRY, and MURPHY, Circuit Judges.


HENRY, Circuit Judge.

This is one of a series of cases initiated by the plaintiffs-appellants seeking declaratory and injunctive relief under 42 U.S.C. § 1983 from eleven state criminal prosecutions arising from their anti-homosexual picketing and from state statutes which allegedly threaten their picketing activities. The plaintiffs allege that the criminal prosecutions and the three state statutes in question target and deter their constitutionally protected...

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