CHRISTA MCAULIFFE INTERMEDIATE SCHOOL PTO INC v. DE BLASIO (2019)

SUMMARY ORDER

We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

First, the organizational plaintiffs bringing this appeal do not have standing to assert claims under 42 U.S.C. § 1983 on behalf of their members. See Nnebe v. Daus, 644 F.3d 147, 156 (2d Cir. 2011). “[W]e have ‘interpret[ed] the rights [§ 1983] secures to be personal to those purportedly injured.’ ” Id. (quoting League of Women Voters of Nassau Cnty. v. Nassau Cnty. Bd. of Supervisors, 737 F.2d 155, 160 (2d Cir. 1984)).

Second, even if the organizations have standing to assert claims on their own behalf, they have not demonstrated an injury sufficient to secure injunctive relief, since their purported injury—expenditure of monetary resources on advocacy against the City’s change to its specialized high school admissions process—is entirely retrospective. As we have noted, in order to secure “injunctive or declaratory relief,” plaintiffs “cannot rely on past injury to satisfy the injury requirement but must show a likelihood that [they] will be injured in the future.” Deshawn E. by Charlotte E. v. Safir, 156 F.3d 340, 344 (2d Cir. 1998).

CONCLUSION

Due to concerns of timeliness, the mandate shall issue forthwith and shall not prejudice plaintiffs in the filing of a renewed petition for a preliminary injunction, or in applications for expedited discovery, including depositions of relevant officials. In the interest of judicial economy, subsequent appeals shall be referred to this panel.