Legal Opinion

Phelps v. Hamilton

District Court, D. Kansas

Decided February 28, 1994No. 93-4042-SACPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the plaintiffs’ application for attorney’s fees. The plaintiffs brought this civil rights action challenging the Kansas criminal defamation statute, K.S.A. 21-4004, as unconstitutionally overbroad on its face and as unconstitutional as applied to them. On July 2, 1993, the court granted the plaintiffs’ motion for summary judgment finding that K.S.A. 21-4004 was substantially overbroad and eonstitutionally invalid. 1 In light of this ruling, the parties agreed to an order permanently enjoining the defendant from…

2Cases cited20 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  4. Farrar v. HobbySupreme Court of the United States · 1992
  5. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986

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3Cited by6 opinions

  1. Case v. Unified School District No. 233Court of Appeals for the Tenth Circuit · 1998
  2. Gudenkauf v. Stauffer Communications, Inc.District Court, D. Kansas · 1997
  3. Brown v. Unified School District No. 501District Court, D. Kansas · 1995
  4. T.Y. Ex Rel. Petty v. Board of County Commissioners of the County of ShawneeDistrict Court, D. Kansas · 1995
  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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