Lefemine v. Wideman, No. 10-1905 (4th Cir. 2012)
Annotate this CasePlaintiffs brought an action under 18 U.S.C. 1983 against defendants after defendants asked plaintiffs to remove large, graphic signs depicting aborted fetuses that plaintiffs were using as part of a roadside demonstration. Plaintiffs and defendants subsequently cross-appealed different portions of the district court's opinion and order. The court affirmed the district court's grant of summary judgment on grounds of qualified immunity to defendants in their individual capacities where, at the time of the anti-abortion demonstration at issue, it was not clearly established that law enforcement officers could not proscribe the display of large, graphic photographs in a traditional public forum. The court held that plaintiff was indeed awarded summary judgment on its request for a declaratory judgment that defendants' actions were an unconstitutional infringement on its First Amendment rights. There was no abuse of discretion in the district court's denial of attorney's fees to plaintiffs. Finally, the court held that there was no abuse of discretion in the district court's decision to order defendants to safeguard plaintiff's First Amendment rights and refrain from impermissible content-based restrictions in the future. Therefore, the court affirmed the district court's grant of summary judgment to defendants on grounds of qualified immunity, the denial of an award of attorney's fees to plaintiff, and the grant of injunctive relief to plaintiff against defendants.
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