COOKSEY v. FUTRELL

Nos. 12-2084, 12-2323.

721 F.3d 226 (2013)

Steve COOKSEY, Plaintiff-Appellant, v. Michelle FUTRELL; Brenda Burgin Ross; Kathleen Sodoma; Christie Nicholson; Phyllis Hilliard; Cathleen E. Ostrowski; Richard W. Holden, Sr., Defendants-Appellees. American Civil Liberties Union of North Carolina Legal Foundation, Incorporated, Amicus Supporting Appellant. Steve Cooksey, Plaintiff-Appellant, v. Michelle Futrell; Brenda Burgin Ross; Kathleen Sodoma; Christie Nicholson; Phyllis Hilliard; Cathleen E. Ostrowski; Richard W. Holden, Sr., Defendants-Appellees. American Civil Liberties Union of North Carolina Legal Foundation, Incorporated, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 27, 2013.


Attorney(s) appearing for the Case

ARGUED: Jeff Rowes , Institute for Justice, Arlington, Virginia, for Appellant. W. Clark Goodman , Womble Carlyle Sandridge & Rice, PLLC, Charlotte, North Carolina, for Appellees. ON BRIEF: Paul M. Sherman , Institute for Justice, Arlington, Virginia; Robert W. Shaw , Williams Mullen , Raleigh, North Carolina, for Appellant. Sean F. Perrin , Womble Carlyle Sandridge & Rice, LLP, Charlotte, North Carolina; Henry W. Jones, Jr. , Lori P. Jones , Jordan Price Wall Gray Jones & Carlton, PLLC, Raleigh, North Carolina, for Appellees. Christopher Brook , ACLU of North Carolina Legal Foundation, Raleigh, North Carolina, for Amicus Supporting Appellant.

No. 12-2084 dismissed; No. 12-2323 vacated and remanded by published opinion. Judge THACKER wrote the opinion, in which Associate Justice O'CONNOR and Judge FLOYD joined.


THACKER, Circuit Judge:

Steve Cooksey ("Cooksey" or "Appellant") appeals the district court's dismissal of his complaint filed against Michelle Futrell, Brenda Burgin Ross, Kathleen Sodoma, Christie Nicholson, Phyllis Hilliard, Cathleen Ostrowski, and Richard Holden, members of the North Carolina Board of Dietetics/Nutrition (collectively, the "State Board" or "Appellees"). Cooksey alleges the State Board violated his First Amendment rights by causing him to self...

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