· 9/26/1989
Joseph Feit v. John Ward and Eugene Grapa
Citations
- 886 F.2d 848
- 1989 U.S. App. LEXIS 14798
- 1989 WL 111540
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claims for declaratory relief, like claims for injunctive relief, require ongoing or impending harm
- holding that claims for declaratory relief, like claims for injunctive relief, require ongoing or impending harm
- concluding that a plaintiff’s “attempt to obtain declaratory and injunctive relief from the defendants in their personal capacities fails to state a claim upon which relief may be granted”
- finding that a declaration that the challenged policy was unconstitutional and an injunction barring the defendants from implementing the policy in the future can be obtained only from the defendants in their official capacities and not as private individuals
- noting that the plaintiff had not sought “reinstatement to his former position”
- noting that the terminated employee’s argument that he could be rehired by the defendant, repeat his conduct, and be discharged again for unconstitutional practices of the defendant is too remote when asking for declaratory and injunctive relief
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Coffey, Kanne
Read full opinion on CourtListenerSourced 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.