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· 9/22/2015

Knife Rights, Inc. v. Vance

Citations

  • 802 F.3d 377
  • 2015 U.S. App. LEXIS 16814
  • 2015 WL 5559751

How courts have described this case

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

  • holding that the alleged injury “must be ‘concrete and .particularized’ and ‘actual or imminent, not conjectural or hypothetical’ ” (citation omitted)
  • concluding that plaintiffs had standing based on high likelihood of future prosecution
  • recognizing credible threat of prosecution where the plaintiffs were previously charged with violating the statute
  • explaining that preenforcement standing “cannot rest on fears that are ‘imaginary or speculative’” (quoting Babbitt, 442 U.S. at 298)
  • explaining that, to establish an injury in fact based on potential criminal liability, a plaintiff must demonstrate a “credible threat of prosecution” that is not “imaginary or speculative” (internal quotation marks omitted)
  • acknowledging that prudential standing concerns in § 1983 cases are governed by Lexmark

Source: CourtListener parenthetical corpus (CC0).

Judges: Katzmann, Kearse, Raggi

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.