PHELPS-ROPER v. KOSTER

Nos. 14-3058, 14-3266, 15-1102.

815 F.3d 393 (2016)

Shirley PHELPS-ROPER, Plaintiff-Appellant v. Chris KOSTER, in his official capacity as Attorney General for the State of Missouri, Defendant-Appellee Mark Goodwin, in his official capacity as Prosecuting Attorney for Carroll County, Defendant Jeremiah W. Nixon, in his official capacity as Governor for the State of Missouri; Ronald K. Repogle, in his official capacity as Superintendent of the Missouri State Highway Patrol, Defendants-Appellees Angie Hemphill Wright, in her official capacity as Prosecuting Attorney for Laclede County; Richard E. Wrinkle, in his official capacity as Sheriff of Laclede County; Laclede County, Missouri, Defendants Shirley Phelps-Roper, Plaintiff-Appellee v. Chris Koster, in his official capacity as Attorney General for the State of Missouri, Defendant-Appellant Mark Goodwin, in his official capacity as Prosecuting Attorney for Carroll County, Defendant Jeremiah W. Nixon, in his official capacity as Governor for the State of Missouri; Ronald K. Repogle, in his official capacity as Superintendent of the Missouri State Highway Patrol, Defendants-Appellants Angie Hemphill Wright, in her official capacity as Prosecuting Attorney for Laclede County; Richard E. Wrinkle, in his official capacity as Sheriff of Laclede County; Laclede County, Missouri, Defendants Shirley Phelps-Roper, Plaintiff-Appellant v. Chris Koster, in his official capacity as Attorney General for the State of Missouri, Defendant-Appellee Mark Goodwin, in his official capacity as Prosecuting Attorney for Carroll County, Defendant Jeremiah W. Nixon, in his official capacity as Governor for the State of Missouri; Ronald K. Repogle, in his official capacity as Superintendent of the Missouri State Highway Patrol, Defendants-Appellees Angie Hemphill Wright, in her official capacity as Prosecuting Attorney for Laclede County; Richard E. Wrinkle, in his official capacity as Sheriff of Laclede County; Laclede County, Missouri, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 4, 2016.


Attorney(s) appearing for the Case

Anthony E. Rothert , ACLU of Missouri Foundation, St. Louis, MO, argued ( Grant R. Doty , Andrew McNulty , ACLU of Missouri Foundation, St. Louis, MO, Gillian R. Wilcox , ACLU of Missouri Foundation, Kansas City, MO, Benicia Livorsi , St. Charles, MO, on the brief), for appellant/cross-appellee.

Jeremiah J. Morgan , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster , Atty. Gen., on the brief), for appellees/cross-appellants Chris Koster, Jeremiah W. Nixon, and Ronald K. Repogle.

Before RILEY, Chief Judge, BYE and GRUENDER, Circuit Judges.


Shirley Phelps-Roper appeals the district court's adverse judgments on her due process claim as well as the court's award of attorneys' fees. On appeal, Phelps-Roper argues the district court erred in (1) entering adverse judgments on her due process claim in light of Missouri repealing the statutes she challenged, and (2) reducing...

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