United States DC Circuit

In a 42 U.S.C. section 1983 action claiming that the District of Columbia lacked probable cause to secure an arrest warrant against plaintiff for allegedly violating firearms laws, dismissal of the complaint for lack of standing is reversed where the warrant for plaintiff's arrest revealed that the district had already targeted him for prosecution, and its concession signaled that it expected to prosecute him in the future.

Appellate Information

• Decided 12/04/2009
• Published 12/04/2009

Judges

• Before:  ROGERS, TATEL, and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Matthew A. LeFande argued the cause and filed the briefs for appellant., Alan Gura and Arthur B. Spitzer were on the brief for amici curiae Second Amendment Foundation, Inc. and American Civil Liberties Union of the National Capital Area in support of appellant.


• For Appellees:
  
• Todd S. Kim, Solicitor General, Office of the Attorney General for the District of Columbia, argued the cause for appellee.   With him on the brief were Peter J. Nickles, Attorney General, and Donna M. Murasky, Deputy Solicitor General.