SNIDER v. CITY OF CAPE GIRARDEAU

Nos. 13-1072, 13-1108, 13-1410, 13-1618, 13-1619.

752 F.3d 1149 (2014)

Frank L. SNIDER, III, Plaintiff-Appellee v. CITY OF CAPE GIRARDEAU, Defendant. Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau, Defendant-Appellant. H. Morley Swingle, Defendant. Frank L. Snider, III, Plaintiff-Appellee v. City of Cape Girardeau; Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau; H. Morley Swingle, Defendants. State of Missouri, Intervenor Defendant-Appellant. Frank L. Snider, III, Plaintiff-Appellant v. City of Cape Girardeau, Defendant-Appellee. Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau; H. Morley Swingle, Defendants. Frank L. Snider, III, Plaintiff-Appellee v. City of Cape Girardeau, Defendant. Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau, Defendant-Appellant. H. Morley Swingle, Defendant. Frank L. Snider, III, Plaintiff-Appellee v. City of Cape Girardeau; Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau; H. Morley Swingle, Defendants. State of Missouri, Intervenor below-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 30, 2014.

Corrected: May 30, 2014.


Attorney(s) appearing for the Case

Grant R. Doty , Anthony E. Rothert , American Civil Liberties Union of Missouri Foundation, Saint Louis, MO, for Plaintiff-Appellee.

Albert M. Spradling, III , Spradling & Spradling, Cape Girardeau, MO, for Defendant-Appellant.

Before WOLLMAN, BYE, and MELLOY, Circuit Judges.


BYE, Circuit Judge.

Officer Matthew Peters of the Cape Girardeau Police Department appeals the district court's1 denial of his motion for summary judgment on the basis of qualified immunity and award of attorneys' fees. The State of Missouri, which intervened in this action, appeals the district court's order declaring its flag desecration statute facially unconstitutional and the award of attorneys...

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