United States Eighth Circuit

District court order dismissing plaintiff's action against state prosecutors claiming violation of equal protection based on prosecutor's decision to issue a nolle prosequi and forego prosecution of minor's biological father for felony sexual assault is affirmed where plaintiffs lacked standing to bring the claim as they did not suffer injury in fact.

Appellate Information

• Decided 06/25/2009
• Published 06/25/2009

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael L. Lesher, argued, Passaic, NJ, Adrienne L. Barnett, William Q'Connor, of Tulsa, OK, on the brief, for appellants.


• For Appellees:
  
• Lori L. Freno, AAG, argued, Little Rock, AR, for appellees Tabor and Shue., Jason E. Owens, argued, Michael R. Rainwater, Little Rock, AR, on the brief, for appellees, Sebastian County.