Legal Opinion

Phelps v. Hamilton

District Court, D. Kansas

Decided July 2, 1993No. 93-4042-SACPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the parties’ motions for summary judgment. The plaintiffs bring this civil rights action challenging the constitutionality of the Kansas criminal defamation statute, K.S.A. 21-4004, and the defendant’s prosecutions under that statute. Approximately one month after bringing their suit, the plaintiffs filed a motion for preliminary injunction. On the agreement of the parties, this motion is still pending.

Nature of the Suit

The plaintiffs seek from their suit an order that declares K.S.A. 21-4004 unconstitutional on its…

2Cases cited78 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Younger v. HarrisSupreme Court of the United States · 1971
  5. Warth v. SeldinSupreme Court of the United States · 1975

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3Cited by8 opinions

  1. Fred W. Phelps, Sr. And Edward F. Engel v. Joan Hamilton, in Her Official Capacity as District AttorneyCourt of Appeals for the Tenth Circuit · 1995
  2. Oltremari Ex Rel. McDaniel v. Kansas Social & Rehabilitative ServiceDistrict Court, D. Kansas · 1994
  3. I.M.L. v. StateUtah Supreme Court · 2002
  4. Phelps v. HamiltonDistrict Court, D. Kansas · 1993
  5. Fred W. Phelps, Sr. And Edward F. Engel v. Joan Hamilton, in Her Official Capacity as District AttorneyCourt of Appeals for the Tenth Circuit · 1996

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