United States Eighth Circuit

District court's dismissal of plaintiffs' preenforcement challenge to a state criminal statute for lack of standing is affirmed where: 1) plaintiffs failed to meet their Article III burden of proving that their First Amendment rights were chilled based on a subjective and sincere belief that under the statute they would be criminally charged for making truthful claims of police misconduct; and 2) the court did not abuse its discretion in dismissing the claim of the one plaintiff with standing based on the Younger doctrine.

Appellate Information

• Decided 07/20/2009
• Published 07/20/2009

Judges

• BEAM, Circuit Judge., Before COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jill Elenor Clark, argued, Golden Valley, MN, for appellant.


• For Appellees:
  
• Sara Jeanne Lathrop, AAG, argued, Minneapolis, MN, John S. Garry, AAG, on the brief, St. Paul, MN, for appellee.