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· 9/19/2005

Abu Ali v. Gonzales

Citations

  • 387 F. Supp. 2d 16
  • 2005 U.S. Dist. LEXIS 20312
  • 2005 WL 2271838

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that Rule 12(b)(1) imposes on the court an “affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority, which includes the obligation to consider the possibility of mootness” (internal quotation marks and citations omitted)
  • finding a Bane Act violation where officers stopped and detained 18 Plaintiff in handcuffs until he consented to a search of his vehicle
  • “Mootness is not merely a reflection of practical considerations, it is a constitutional imperative, derived from the enumerated powers that Article III bestows upon the federal judiciary.”
  • “As mootness creates a jurisdictional defect, respondents’ motion will be treated as a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bates

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.