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PHELPS-ROPER v. KOSTER

No. 10-3076.

713 F.3d 942 (2013)

Shirley PHELPS-ROPER, Plaintiff-Appellee v. Chris KOSTER, in his official capacity as Attorney General for the State of Missouri, Defendant-Appellant Mark Goodwin, in his official capacity as Prosecuting Attorney for Carroll County, Defendant Jeremiah W. Nixon, in his official capacity as Governor for the State of Missouri; Ronald K. Repogle, in his official capacity as Superintendent of the Missouri State Highway Patrol, Defendants-Appellants Angie Hemphill Wright, in her official capacity as Prosecuting Attorney for Laclede County; Raymond Blackburn, in his official capacity as Chief of the Lebanon Police Department; Richard E. Wrinkle, in his official capacity as Sheriff of Laclede County; Laclede County, Missouri, Defendants United States, Amicus Curiae-Amicus on Behalf of Appellant The Thomas Jefferson Center For The Protection of Free Expression; Christina Wells, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 26, 2013.

Attorney(s) appearing for the Case

Jeremiah J. Morgan , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster , Atty. Gen., Jefferson City, MO, Maureen C. Beekley , Asst. Atty. Gen., St. Louis, MO, on the brief), for appellants.

Anthony E. Rothert , Saint Louis, MO, argued ( Grant R. Doty , St. Louis, MO, Benicia Baker-Livorsi , St. Charles, MO, on the brief), for appellee.

Sarang Vijay Damle , U.S. Dept. of Justice, Washington, DC, argued ( Tony West , Asst. Atty. Gen., Michael Jay Singer , on the brief), for amicus curiae United States of America in support of appellants.

Bruce D. Brown , Baker & Hostetler LLP, Washington, DC, J. Joshua Wheeler , Charlottesville, VA, for amicus curiae The Thomas Jefferson Center for the Protection of Free Expression in support of appellee.

Michael A. Gross , Sher Corwin LLC, St. Louis, MO, for amicus curiae Professor Christina Wells in support of appellee.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

BYE, Circuit Judge.

Shirley Phelps-Roper brought this action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief against the State of Missouri after Missouri passed funeral protest laws Mo.Rev.Stat. § 578.501 and Mo.Rev.Stat. § 578.502. Following this court's decision in Phelps-Roper v. Nixon, 545 F.3d 685 (8th Cir.2008), the district court entered a preliminary injunction prohibiting the enforcement...

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