DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131072P.pdf 05/30/2014 Frank Snider, III v. Matthew Peters
U.S. Court of Appeals Case No: 13-1072
and No: 13-1108
and No: 13-1410
and No: 13-1618
and No: 13-1619
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Bye, Author, with Wollman and Melloy, Circuit Judges]
Civil case - Civil Rights. Where plaintiff was arrested by Cape Girardeau
police for flag desecration, the arresting officer conceded he deprived
plaintiff of his First and Fourteenth Amendment rights, and the district
court did not err in denying the officer summary judgment based on
qualified immunity, as the rights were clearly established at the time of
plaintiff's arrest; nor were the officer's actions insulated by the
issuance of an arrest warrant by a local magistrate as a reasonably
competent officer would have concluded no warrant should be issued for
plaintiff's expressive conduct; the district court did not err in holding
Missouri's flag desecration statute to be facially unconstitutional as the
statute is overbroad and is not susceptible to an appropriate narrowing
construction; district court did not abuse its discretion by making the
State and the defendant officer jointly and severally liable for
plaintiff's attorneys' fee award; district court did not abuse its
discretion in awarding attorneys' fees based on the rate for the St. Louis
legal market, instead of Cape Girardeau, as plaintiff showed he could not
obtain competent legal counsel in the Cape Girardeau community; the court
did not err in granting the City of Cape Girardeau summary judgment as
there was no connection between the arrest and the city's ordinance
governing flag desecration and the City did not provide the police
officer's training.