PHELPS-ROPER v. RICKETTS

No. 16-1902.

867 F.3d 883 (2017)

Shirley L. PHELPS-ROPER, Plaintiff-Appellant v. Pete RICKETTS, In his Capacity as Governor of the State of Nebraska; Doug Peterson, In his Capacity as Attorney General of the State of Nebraska; Todd Schmaderer, In his Capacity as Chief of Police of the City of Omaha, Defendants-Appellees. Gary Troutman, in his capacity as City Administrator of Bellevue, Nebraska; Leonard Houloose, in his capacity as Chief of the Papillion Police Department; 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; Donald Kleine, in his capacity as Douglas County Attorney; 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.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2017.


Attorney(s) appearing for the Case

Margie Jean Phelps , Topeka, KS, for Plaintiff-Appellant.

Stephanie Anne Caldwell , David A. Lopez , Ryan Post , James D. Smith , Assistant Attorney Generals, Jessica Forch , ATTORNEY GENERAL'S OFFICE, for Defendants-Appellees Pete Ricketts and Doug Peterson.

Thomas O. Mumgaard , Ryan John Wiesen , CITY OF OMAHA, Legal Department, for Defendant-Appellee Todd Schmaderer.

Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.


This is another in a series of cases about the precise location of the line between the State's interest in protecting the privacy and peace of a vulnerable audience of mourners and the picketer's freedom to express herself under the Constitution.

Shirley Phelps-Roper and other Westboro Baptist Church (WBC) members...

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