Shirley Phelps-Roper v. Chris Koster

BYE, Circuit Judge.

Shirley Phelps-Roper brought this action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief against the State of Missouri after Missouri passed funeral protest laws Mo.Rev.Stat. § 578.501 and Mo.Rev.Stat. § 578.502. Following this court’s decision in Phelps-Roper v. Nixon, 545 F.3d 685 (8th Cir.2008), the district court entered a preliminary injunction prohibiting the enforcement of the statutes. The district court later declared both statutes unconstitutional under the First and Fourteenth Amendments and granted Phelps-Roper’s motion for summary judgment.…