Shinall v. Worrell

CRAVEN, Circuit Judge:

This is a suit against the state in the Ex parte Young 1 tradition to have a North Carolina Statute of statewide application declared unconstitutional. In addition, plaintiffs seek monetary damages from Cumberland County District Judge Dupree on the theory that he acted in bad faith and ultra vires his judi cial office in purported enforcement of the Statute in question-. 2

The Statute under attack is North Carolina General Statutes § 14-189.1 entitled “Obscene Literature and Exhibitions.” We hold the Statute unconstitutional on its face and void because it abridges the…