United States Tenth Circuit

Orders in a 42 U.S.C. sections 1983 and 1985 case involving the constitutionality of Wichita's denial of plaintiffs' ten parade permits for anti-abortion protests, a municipal court bond order, and a decision denying plaintiffs' counsel most of their requested attorney's fees are affirmed in part, and reversed in part on appeal and cross-appeal where: 1) one plaintiff, as an unincorporated association, was not a "person" entitled to bring a claim under section 1983; and 2) the district court abused its discretion in concluding that plaintiffs achieved success only in the first part of the litigation where they obtained a TRO.

Appellate Information

• Decided 11/07/2006
• Published 11/08/2006

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, McWILLIAMS, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Frederick H. Nelson, American Liberties Institute, Orlando, FL, (Richard A. Macias, Wichita, Kansas, with him on the briefs), for Plaintiffs-Appellants/Cross-Appellees., Jay C. Hinkel, Assistant City Attorney (Gary E. Rebenstorf, City Attorney, with him on the briefs), City of Wichita, Wichita, KS, for Defendants-Appellees/Cross-Appellants.