Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Snider v. City of Cape Girardeau

United States Court of Appeals, Eighth Circuit

May 30, 2014

Frank L. Snider, III, Plaintiff - Appellee
v.
City of Cape Girardeau, Defendant, Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau, Defendant - Appellant, H. Morley Swingle, Defendant; Frank L. Snider, III, Plaintiff - Appellee
v.
City of Cape Girardeau; Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau; H. Morley Swingle, Defendants, State of Missouri, Intervenor Defendant - Appellant; Frank L. Snider, III, Plaintiff - Appellant
v.
City of Cape Girardeau, Defendant - Appellee, Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau; H. Morley Swingle, Defendants; Frank L. Snider, III, Plaintiff - Appellee
v.
City of Cape Girardeau, Defendant, Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau, Defendant - Appellant, H. Morley Swingle, Defendant; Frank L. Snider, III, Plaintiff - Appellee
v.
City of Cape Girardeau; Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau; H. Morley Swingle, Defendants, State of Missouri, Intervenor below - Appellant

Submitted: January 16, 2014.

Page 1150

[Copyrighted Material Omitted]

Page 1151

[Copyrighted Material Omitted]

Page 1152

Appeals from United States District Court for the Eastern District of Missouri - Cape Girardeau.

For Frank L. Snider, III, Plaintiff - Appellee (13-1072, 13-1618): American Civil Liberties Union, Saint Louis, MO.

For Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau, Defendant - Appellant (13-1072, 13-1618): Spradling & Spradling, Cape Girardeau, MO.

For Frank L. Snider, III, Plaintiff - Appellee (13-1108): American Civil Liberties Union of Missouri Foundation, Saint Louis, MO.

For State of Missouri, Intervenor Defendant - Appellant (13-1108): Attorney General's Office, Jefferson City, MO.

For Frank L. Snider, III, Plaintiff - Appellant (13-1410): American Civil Liberties Union of Missouri Foundation, Saint Louis, MO.

For City of Cape Girardeau, Defendant - Appellee (13-1410): Spradling & Spradling, Cape Girardeau, MO.

For Frank L. Snider, III, Plaintiff - Appellee (13-1619): American Civil Liberties Union, Saint Louis, MO.

For Matthew Peters, In his individual capacity and his official capacity as a police officer of the City of Cape Girardeau, Defendant - Appellant (13-1619): Spradling & Spradling, Cape Girardeau, MO.

For State of Missouri, Intervenor below - Appellant (13-1619): Attorney General's Office, Jefferson City, MO.

Before WOLLMAN, BYE, and MELLOY, Circuit Judges.

OPINION

Page 1153

BYE, Circuit Judge.

Officer Matthew Peters of the Cape Girardeau Police Department appeals the district court's[1] denial of his motion for summary

Page 1154

judgment on the basis of qualified immunity and award of attorneys' fees. The State of Missouri, which intervened in this action, appeals the district court's order declaring its flag desecration statute facially unconstitutional and the award of attorneys' fees. Frank Snider appeals the district court's order denying his motion for summary judgment against the City of Cape Girardeau, Missouri. We affirm.

I

On October 20, 2009, while standing in his front yard, Snider attempted to set fire to an American flag. When he was unable to ignite the flag, he shredded it with a knife and threw it into the street. A neighbor who had observed the incident reported it to the police.

Officer Peters responded to investigate. Upon arriving at the scene, he saw the flag in the road and Snider standing in his yard. Officer Peters asked Snider why he had destroyed the flag. Snider replied " he hated the United States because it was the country's fault that he could not find a job." Officer Peters issued Snider ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.