· 12/16/2013
Occupy Columbia v. Nikki Haley
Citations
- 738 F.3d 107
- 2013 WL 6570949
- 2013 U.S. App. LEXIS 24866
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiffs stated a First Amendment claim because arrest prevented them from continuing to protest
- recognizing that in resolving a 12(c) motion, a court may consider exhibits attached to the pleadings if they are integral and authentic
- holding that qualified immunity did not apply because it was clearly established that arresting citizens protesting on state capitol grounds “in the absence of a valid, time, place, and manner restriction” was a violation of the First Amendment
- stating that a court, in ruling on a motion pursuant to Rule 12(c), may consider exhibits attached to a pleading “so long as they are integral to the complaint and authentic”
- treating area outside South Carolina State House as a public forum for First Amendment purposes
- noting an exception “when the face of the complaint clearly reveals the existence of a meritorious affirmative defense” (internal quotation marks and citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Traxler, King, Thacker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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