United States Ninth Circuit

In an action in which plaintiff alleged that defendants failed to enforce a regulation, which prohibited the posting of materials on Veterans Affairs' (VA) property except as authorized, when he and other protestors hung the American flag union up on a fence surrounding VA property, but enforced the regulation when the protestors hung the flag down on the fence, the district court's denial of plaintiff’s request for injunctive relief is affirmed, where: 1) the district court properly concluded that the government's voluntary cessation of inconsistent enforcement of the regulation mooted the request for injunctive relief; and thus, 2) the government satisfied its heavy burden of demonstrating mootness.

Appellate Information

• Decided 03/14/2014
• Published 03/14/2014

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel