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· 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 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.