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WARD v. UTAH

No. 03-4245.

398 F.3d 1239 (2005)

Eric WARD, Plaintiff-Appellant, v. State of UTAH, a governmental entity, Defendant, Olene S. Walker, Governor of the State of Utah; and Mark Shurtleff, Attorney General of the State of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 23, 2005.

Attorney(s) appearing for the Case

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

Jerrold S. Jensen, Assistant Attorney General (Mark L. Shurtleff, Attorney General, with him on the brief), Utah Attorney General's Office, Salt Lake City, UT, appearing for Defendants-Appellees.

Before TACHA, Chief Circuit Judge, BALDOCK, and HENRY, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant Eric Ward burned a mink stole as part of an animal-rights protest. The State charged Mr. Ward with disorderly conduct, and because he allegedly acted "with the intent to intimidate or terrorize another person," Utah Code Ann. § 76-3-203.3, the charge was enhanced from a misdemeanor to a felony. The State, however, quickly dropped the enhancement charge as mistakenly filed and eventually dropped the disorderly conduct...

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