Does a plaintiff have standing to claim damages from the asserted violation of their right to equal protection?

MultiRegion, United States of America

The following excerpt is from Soules v. Kauaians for Nukolii Campaign Committee, 849 F.2d 1176 (9th Cir. 1988):

6 Because appellants have standing to claim damages from the asserted violation of their right to equal protection, we need not reach the question whether, for purposes of their claim for injunctive relief, they meet the City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665, 75 L.Ed.2d 675 (1983), test of an additional real and immediate threat of future injury. See Smith v. City of Fontana, 818 F.2d 1411, 1422 (9th Cir.1987) ("Lyons and its progeny do not preclude the exercise of federal jurisdiction when a plaintiff brings both a claim for damages and a related claim for equitable relief in the same lawsuit."); Giles v. Ackerman, 746 F.2d 614, 619 (9th Cir.1984).

7 These considerations parallel those of traditional laches analysis: "Laches requires proof of (1) lack of diligence by the party against whom the defense is asserted, and (2) prejudice to the party asserting the defense." Costello v. United States, 365 U.S. 265, 282, 81 S.Ct. 534, 543, 5 L.Ed.2d 551 (1961) (citations omitted).

Other Questions


Can a plaintiff make a cognizable civil rights claim for a violation of his due process rights based on allegations that prison officials ignored or failed to properly process his grievance? (MultiRegion, United States of America)
Does the government have standing to object to a defendant's discriminatory peremptory challenge by asserting equal protection rights of a juror who was improperly excluded? (MultiRegion, United States of America)
Can a plaintiff bring a claim for equal protection and due process violations against the federal defendants? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
Can a defendant be sued for civil rights violations if they are found to have violated a plaintiff's civil rights? (MultiRegion, United States of America)
Is there any precedent to support a claim that defendants violated plaintiffs' Fourth Amendment rights? (MultiRegion, United States of America)
Can a plaintiff bring an equal protection and substantive due process claim? (MultiRegion, United States of America)
What is the test for equal protection in the context of the equal protection clause? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (MultiRegion, United States of America)
Does a claim that agents violated the Fourth Amendment rights of a plaintiff in a search warrant application brought before the federal district court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.