Novotny v. Tripp County, South Dakota, et al., No. 10-3811 (8th Cir. 2011)
Annotate this CasePlaintiff sued defendants, inter alia, after the local newspaper stopped publishing his letters criticizing the Tripp County Commission. Plaintiff alleged deprivation of his First Amendment rights, deprivation of his Fourteenth Amendment rights, and civil conspiracy under 42 U.S.C. 1985. The district court granted summary judgment in favor of defendants and dismissed all claims. The court affirmed and held that plaintiff failed to establish a violation of his First Amendment rights; plaintiff failed to present sufficient evidence to support a prima facie substantive due process claim or an equal protection claim; and consequently, plaintiff's civil conspiracy claim also failed.
Court Description: Civil case - civil rights. District court did not err in finding plaintiff had failed to establish a violation of his First Amendment rights; plaintiff failed to establish a prima facie substantive due process claim; equal protection claim rejected.
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