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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.