Legal Opinion
Phelps v. Hamilton
District Court, D. Kansas
Decided July 12, 1996No. 93-4042-KHVPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
VRATIL, District Judge.
The Court now considers defendant’s Motion To Dismiss For Failure To State A Claim Upon Which Relief May Be Granted (Doc. # 81) filed January 15, 1996. 1 On February 26, 1993, plaintiff Fred W. Phelps, Sr., initiated this suit against Joan Hamilton in her official capacity as District Attorney for the Third Judicial District in Topeka, Kansas. Phelps alleged (1) that the Kansas criminal defamation statute, K.S.A. § 21-4004, is facially overbroad and unconstitutional; and (2) that plaintiff is faced with a clear and present danger of bad faith…
2Cases cited19 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Rizzo v. GoodeSupreme Court of the United States · 1976
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Hewitt v. HelmsSupreme Court of the United States · 1987
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3Cited by3 opinions
- Casciani v. NesbittDistrict Court, W.D. New York · 2009
- Attorney General Opinion No., Kansas Attorney General Reports1999
- Phelps v. HamiltonDistrict Court, D. Kansas · 1997