Friday, August 11, 2017

Eighth Circuit Says No Standing to Sue Governor, AG for State's Roving Stops Law

The Eighth Circuit ruled this week that a dump truck driver lacked standing to bring a facial challenge to a state's roving-stop statute against the governor and state attorney general. But at the same time the court said that the plaintiff could move forward on his as-applied claim against the superintendent of the state highway patrol for declaratory and injunctive relief.

The case challenges Missouri's law that authorizes the highway patrol to stop commercial vehicles and inspect them for compliance with size- and weight-requirements, even without probable cause. Calzone, a dump-truck driver who was stopped under the act, sued the governor, state AG, and superintendent of the highway patrol in their official capacities for nominal monetary damages and injunctive and declaratory relief, arguing that the law was unconstitutional on its face and as applied.

The court ruled that Calzone didn't have standing to sue the governor or AG, because they weren't directly responsible and authorized to enforce the statute. The court said that he did have standing to sue the superintendent for declaratory and injunctive, however, because she was directly responsible for enforcement.

The court went on to rule that the statute wasn't facially unconstitutional, because it satisfied the three-part test for searches in "closely regulated industries" under New York v. Burger.

That leaves only Calzone's as-applied claim for declaratory and injunctive relief against the superintendent. (Calzone sued the superintendent in her official capacity, so couldn't recover damages under Section 1983.) The court remanded this claim to the district court for further proceedings.

http://lawprofessors.typepad.com/conlaw/2017/08/eighth-circuit-says-no-standing-to-sue-governor-ag-for-states-roving-stops-law.html

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