United States Fourth Circuit

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McBurney v. Cuccinelli, 09-1615

In plaintiffs' 42 U.S.C. section 1983 suit seeking declaratory and injunctive relief against the Attorney General of Virginia and others, claiming that the Virginia's Freedom of Information Act (VFOIA) violates the dormant commerce clause and the Privileges and Immunity Clause of the U.S. Constitution, district court's dismissal of all parties on jurisdictional grounds is affirmed in part, reversed in part and remanded where: 1) district court's dismissal of the Attorney General and other defendants from the suit is affirmed because the Attorney General has not enforced, threatened to enforce, or advised other agencies to enforce the VFOIA against the plaintiffs; and 2) district court erred in dismissing plaintiffs for lack of standing, given that the complaint stated sufficient facts to support standing.

Appellate Information

  • Argued 03/23/2010
  • Submitted 07/27/2010
  • Decided 07/27/2010
  • Published 07/27/2010

Judges

  • SILER

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Leah Marie Nicholls, <a href="http://pview.findlaw.com/view/3524934_1">Stephen R. McCullough</a>