PHELPS-ROPER v. TROUTMAN

No. 10-2601.

662 F.3d 485 (2011)

Shirley L. PHELPS-ROPER, Plaintiff-Appellant, v. Gary TROUTMAN, in his capacity as City Administrator of Bellevue, Nebraska; Leonard Houloose, in his capacity as Chief of the Papillion Police Department, Defendants, Dave Heineman, in his capacity as Governor of the State of Nebraska; Jon Bruning, in his capacity as Attorney General of the State of Nebraska, Defendants-Appellees L. Kenneth Polikov, in his capacity as Sarpy County Attorney; John W. Stacey in his capacity as Chief of the Bellevue Police Department; City of Bellevue, Nebraska; Gary Mixan, in his capacity as Mayor of the City of Bellevue; Kay Dammast, in her capacity as City Clerk of Bellevue, Nebraska, Defendants, Donald Kleine, in his capacity as Douglas County Attorney; Alex Hayes, in his capacity as Chief of the Omaha Police Department; Joe Smith, in his capacity as Madison County Attorney; William L. Mizner, in his capacity as Chief of the Norfolk Police Department; Nathan Cox, in his capacity as Cass County Attorney; William Brueggemann, in his capacity as Sheriff of Cass County, also known as Bill; Honorable Todd J. Hutton, in his capacity as Sarpy County Judge; Nebraska Supreme Court; John/Jane Does, in their official capacities, Defendants-Appellees. United States of America, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 20, 2011.


Attorney(s) appearing for the Case

Margie Jean Phelps , argued, Topeka, KS, for appellant.

Stephanie Anne Caldwell , argued, Lincoln, NE, for appellees Heineman, Bruning, Hutton and the Nebraska Supreme Court.

Diane Margaret Carlson , Sandra K. Connolly , on the brief, Omaha, NE, for appellee Donald W. Kleine.

Sarang Vijay Damle , argued, Michael Jay Singer , on the brief, Washington, DC, for amicus curiae United States of America.

Before MURPHY, BEAM, and COLLOTON, Circuit Judges.


PER CURIAM.

Shirley Phelps-Roper brought this action to enjoin the enforcement of the Nebraska Funeral Picketing Law (NFPL), arguing that it violates her First Amendment right to free speech. She appeals a district court order denying her motion for a preliminary injunction. Bound by a previous panel decision involving a similar statute, the same procedural posture on appeal, and the identical plaintiff, Phelps-Roper v...

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