· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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