WARD v. UTAH

No. 02-4036.

321 F.3d 1263 (2003)

Eric WARD, Plaintiff-Appellant, v. The State of UTAH, a governmental entity; Michael Leavitt, Governor of the State of Utah; Mark Shurtleff, Attorney General for the State of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 10, 2003.


Attorney(s) appearing for the Case

James L. Harris, Jr. (Brian M. Barnard with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for the Plaintiff-Appellant.

Jerrold S. Jensen, Assistant Attorney General (Mark L. Shutleff, Attorney General for the State of Utah with him on the brief), Salt Lake City, UT, for the Defendants-Appellees.

Before HENRY, McWILLIAMS, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Eric Ward, a self-described animal-rights activist, was charged with disorderly conduct, a misdemeanor, after participating in an animal-rights demonstration in Magna, Utah in November 1999. The charge was contemporaneously elevated to a felony under Utah's hate-crimes statute. Both the felony enhancement and the underlying disorderly-conduct charge were dismissed a few weeks later. Ward then brought the instant suit under 42 U.S.C. § 1983...

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