Complex SCOTUS Move Gets Rid of Anti-Gay T-shirt Case

[ArtSpitzer at aol.com]

Clearing up my own confusion, I see that Prof. Friedman's blog links to the 
January 24 decision of the district court, which explains:   "This Court notes 
that it previously dismissed plaintiff Tyler Chase Harper’s damages claims 
against all defendants in their official capacities on Eleventh Amendment 
immunity grounds and against the individual defendants in their personal capacities 
on qualified 
immunity grounds. See Harper I, 345 F.Supp.2d at 1115-1119. That ruling was 
not disturbed
by the Ninth Circuit. See Harper II. 445 F.3d at 1192. Although plaintiffs “
respectfully disagree” with this Court’s qualified immunity ruling, plaintiffs 
indicate the inclusion of plaintiff Tyler Chase Harper’s damages claims in 
the second amended complaint was done to avoid waiving the claims on appeal. 
Pltffs’ Add. Br. at 1-2. This Court reaffirms its prior dismissal of plaintiff 
Tyler Chase Harper’s damages claims."   (Opinion at 4-5.)

So there was indeed a final judgment as to call claims.   Prof. Friedman's 
blog reports that "On Feb. 7, Alliance Defense Fund filed a notice of appeal on 
behalf of Tyler and Kelsie Harper."   So that appeal is presumably pending in 
the 9th Circuit and not affected by today's Supreme Court action.

Art Spitzer


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