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LEFEMINE v. WIDEMAN

Nos. 10-1905, 10-2014.

672 F.3d 292 (2012)

Steven LEFEMINE, d/b/a Columbia Christians for Life, Plaintiff-Appellant, v. Dan WIDEMAN, individually and in his official capacity; Mike Frederick, individually and in his official capacity; Lonnie Smith, individually and in his official capacity; Brandon Strickland, individually and in his official capacity; Tony Davis, Sheriff, in his official capacity, Defendants-Appellees. Steven Lefemine, d/b/a Columbia Christians for Life, Plaintiff-Appellee, v. Mike Frederick, individually and in his official capacity, Defendant-Appellant, and Dan Wideman, individually and in his official capacity; Lonnie Smith, individually and in his official capacity; Brandon Strickland, individually and in his official capacity; Tony Davis, Sheriff, in his official capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Steven W. Fitschen , National Legal Foundation, Virginia Beach, Virginia, for Appellant/Cross-Appellee. Andrew Lindemann , Davidson & Lindemann, PA, Columbia, South Carolina, for Appellees/Cross-Appellant. ON BRIEF: Douglas E. Myers , National Legal Foundation, Virginia Beach, Virginia, for Appellant/Cross-Appellee. Robert D. Garfield , Davidson & Lindemann, PA, Columbia, South Carolina, for Appellee/Cross-Appellant Mike Frederick. Russell W. Harter, Jr. , Chapman, Harter & Groves, P.A., Greenville, South Carolina, for Appellees Wideman, Smith, Strickland, and Davis.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge DIAZ joined.

OPINION

WYNN, Circuit Judge:

In November 2005, Steven C. Lefemine and members of Columbia Christians for Life ("Plaintiff"), a South Carolina anti-abortion organization, were asked by employees of the Greenwood County Sheriff's Department ("Defendants") to remove large, graphic signs depicting aborted fetuses that they were using as part of a roadside demonstration. As the sole proprietor of Columbia Christians for Life, Lefemine subsequently brought an...

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