Fraternal Order of Police, Lodge No. 8 v. County of Douglas

Case No. S-04-611 is before this court on the motion for rehearing of appellant Fraternal Order of Police, Lodge No. 8, regarding our opinion reported at Fraternal Order of Police v. County of Douglas, ante p. 118, 699 N.W.2d 820 (2005). We overrule the motion but for purposes of clarification modify the opinion as follows:

In that portion of the opinion designated “Freedom of Association,” we withdraw the seventh and eighth paragraphs, id. at 128, 699 N.W.2d at 830, and substitute the following paragraphs in their place:

In Spears v. Mo. Dept. of Corr. & Human Resources, 210 F.3d 850 (8th Cir.…