· 8/25/2004
Tandy v. City of Wichita
Citations
- 380 F.3d 1277
- 15 Am. Disabilities Cas. (BNA) 1625
- 2004 U.S. App. LEXIS 18056
- 2004 WL 1895215
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that several plaintiffs who rode the Wichita bus system once could have standing
- concluding that an intent “to test Wichita Transit’s fixed-route services several times per year” was sufficient to demonstrate that they were “under a real and immediate threat” of experiencing a lift malfunction
- recognizing mootness if “it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur.” (citation omitted)
- stating that when a plaintiff seeks prospective relief, he or she “must be suffering a continuing injury or be under a real and immediate threat of being injured in the future”
- stating that most appellants submitted affidavits detailing their individual experiences with Wichita Transit
- finding that tester plaintiff had sufficiently alleged standing to obtain prospective relief where he averred an intent to use the defendant city’s fixed-route bus services several times per year and thus faced real and immediate threat of future injury
Source: CourtListener parenthetical corpus (CC0).
Judges: Brorby, Murphy, O'Brien
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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