D.L.S. v. State of Utah

How courts have described this case

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

• holding that a plaintiff did not have standing to challenge a sodomy law where it was undisputed that he had “never been charged with sodomy, prosecuted under the statute, or directly threatened with prosecution” and additional evidence indicated that such prosecution was unlikely
• affirming grant of motion to dismiss for lack of standing because the plaintiff’s fear of prosecution was not objectively reasonable
• finding no threat of prosecution where the plaintiff had been neither arrested nor charged for violating the challenged statute, prosecutors disavowed any intention to enforce the statute, and the Supreme Court had recently struck down a similar law as unconstitutional
• finding no threat of prosecution where the plaintiff had been neither arrested nor charged for violating the challenged statute, prosecutors disavowed any intention to enforce the statute, and the Supreme Court had recently struck down a similar law as unconstitutional
• finding no standing because the plaintiff had not “indicated any other objective source for the statute’s alleged chilling effect,” which made his “unsupported claims of a subjective ‘chill’ . . . insufficient to support standing”
• “[Ajssurances from prosecutors that they do not intend to bring charges are sufficient to defeat standing, even when the individual plaintiff had actually been charged or directly threatened with prosecution for the same conduct in the past.”

Source: CourtListener parenthetical corpus (CC0).