PHELPS-ROPER v. TROUTMAN

No. 10-2601.

712 F.3d 412 (2013)

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 April 12, 2013.


Attorney(s) appearing for the Case

Margie Jean Phelps , on the supplemental brief, Topeka, KS, for Appellant.

James D. Smith , Stephanie Anne Caldwell , AAGs, on the supplemental brief, Lincoln, NE, for Appellees.

Before MURPHY, BEAM, and COLLOTON, Circuit Judges.


PER CURIAM.

This case first came before our panel on an appeal by Shirley Phelps-Roper from the district court's denial of her motion to enjoin enforcement of the Nebraska Funeral Picketing Law (NFPL). In her appeal she raised facial and as applied First Amendment challenges against the statute's prohibition on picketing within 300 feet of funerals. We reversed, concluding that under our circuit precedent in Phelps-Roper v. Nixon, 545 F.3d 685...

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