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· 9/9/2016

United States v. Elfred William Petruk

Citations

  • 836 F.3d 974
  • 2016 U.S. App. LEXIS 16564
  • 2016 WL 4709118

How courts have described this case

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

  • recognizing that a plaintiff can “satisfy the injury-in-fact requirement for prospective relief” either by demonstrating “a sufficiently imminent injury in fact” or by demonstrating “an ongoing injury”
  • concluding that the plaintiffs’ allegation that behavior perceived to violate the statutes was “inevitable” on school grounds was sufficient to allege an intent to engage in a specific course of conduct proscribed by the statutes
  • finding credible threat of enforcement of state statute in part because plaintiffs had been prosecuted by the laws in the past
  • noting ongoing or future injury in fact is required for a plaintiff seeking injunctive relief
  • “Threat of prosecution is especially credible when defendants have not ‘disavowed enforcement’ if plaintiffs engage in similar conduct in the future”
  • “At least one plaintiff must demonstrate standing for each claim and form of requested relief.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Murphy, Benton

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.