· 5/12/2016
in the Interest of J.N.B., a Child
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that voluntary cessation exception could apply in that case because plaintiffs sought a declaratory judgment and injunction, not damages
- concluding that the plaintiffs’ suit pursuant to § 1983 was moot because a policy declared by the local district attorney’s office eliminated the plaintiffs’ exposure to criminal prosecution
- holding that a claim regarding a non- prosecution policy was moot, but that the claim might not have been moot if the policy applied only to the plaintiffs rather than to all similarly situated individuals
- determining that a claim for damages could not affect mootness because damages had not been requested in the complaint
- noting that dismissal for lack of subject matter jurisdiction is not adjudication of merits and, thus, “dismissal ... must be without prejudice”
- observing that “§ 1983 is a remedial vehicle for raising claims based on the violation of constitutional rights.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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