On petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit.
The motion of respondent for leave to proceed in forma pauperis
is granted.
The petition for a writ of certiorari is denied.
Justice WHITE, with whom Justice POWELL and Justice REHNQUIST
join, dissenting.
Respondent in this case seeks injunctive and declaratory relief
under 42 U.S.C. 1983 to restrain an alleged practice of the Los
Angeles Police Department. Because I believe
Page 449 U.S.
934 , 935
that respondent's standing to seek this relief is open to
serious question in the light of O'Shea v. Littleton,
414 U.S. 488d 674 (1974),
and Rizzo v. Goode,
423 U.S. 362 (1976), I
dissent from the denial of certiorari.
In February 1977, respondent filed a seven-count complaint
against the city of Los Angeles and four of its police officers.
Respondent alleged that the four officers stopped his car for a
minor traffic violation and that, without any provocation or reason
to fear for their safety, they applied strangleholds around his
neck, rendering him unconscious. He further alleged that the use of
strangleholds in such non- life-threatening situations was a policy
of the police department. Respondent sought damages, and injunctive
and declaratory relief, claiming that the use of strangleholds in
non-life-threatening situations violates the First, Fourth, Eighth,
and Fourteenth Amendments.
The only issue before this Court is whether in seeking
injunctive and declaratory relief respondent has stated a case or
controversy within the jurisdiction of the federal courts. The
Court of Appeals, reversing the District Court, held that
respondent did have standing. The Court of Appeals distinguished
this case from O'Shea v. Littleton, supra, and Rizzo v. Goode,
supra, on two grounds: First, there was a greater likelihood in
this case that respondent would be subjected at some future date to
the alleged illegal conduct; second, respondent did not seek
"structural relief" requiring the federal courts to supervise the
conduct of state officials, but only an injunction against the use
of an established police practice. [
Footnote 1]
Page 449 U.S.
934 , 936
O'Shea and Rizzo made clear that the federal courts are not the
forum in which dissatisfied citizens may air their disagreements
with government policy. The jurisdiction of the federal courts is
limited by the case-or-controversy requirement of Art. III. Unless
a party demonstrates a "personal stake in the outcome," Baker v.
Carr,
369 U.S.
186, 204, 703 (1962), the disagreement may not be settled by
the federal courts. For purposes of equitable relief, "[ p]ast
exposure to illegal conduct does not in itself show a present case
or controversy . . . if unaccompanied by any continuing, present
adverse effects" and if there is no "real and immediate threat of
repeated injury" to the plaintiff. O'Shea v. Littleton, supra, 414
U.S., at 495-496, 94 S. Ct. at 675-676. Here, the prospect of
future injury rests on the likelihood that respondent will again be
stopped or arrested and have the allegedly unconstitutional
procedures applied to him. In O'Shea, we held that this kind of
possibility does not satisfy the case-or-controversy
requirement.
There is no question that there is a case or controversy with
respect to respondent's right to damages for an alleged past
violation of his constitutional rights. [
Footnote 2] However, with respect to a threat of future
injury, respondent's position cannot be distinguished from that of
any other person who may at some future date have a confrontation
with the Los Angeles police. This is the kind of injury we have
previously characterized as "abstract" and, therefore, insuf-
Page 449 U.S.
934 , 937
ficient to create the personal stake required by Art. III. Id.,
at 494, 94 S. Ct. at 675.
We could not conclude that respondent has standing to press his
claims for equitable relief without re-examining our holdings in
O'Shea and Rizzo on the limits of the case-or-controversy
requirement of Art. III . Of course, we cannot give plenary
consideration to every misapplication of constitutional
requirements, but the decision of the Court of Appeals appears so
at odds with our precedents that I dissent from denial of
certiorari.
Footnotes
Footnote 1 The Court of
Appeals also suggests that since respondent would have had standing
to challenge the practice in the short period of time between his
being stopped by the police and their use of a stranglehold upon
him, the standing problem here can be analyzed in terms of mootness
doctrine. The court believed that although respondent no longer has
a live controversy, he falls within two exceptions to the mootness
doctrine. First, a voluntary cessation of challenged conduct does
not moot a claim if there is a strong possibility of its
recurrence. Second, respondent's claim is one that is "capable of
repetition, yet evading review." The first ground, however, merely
restates the problem: it is precisely because petitioner does not
threaten harm to respondent except in the abstract manner in which
everyone in Los Angeles is threatened that respondent's standing is
questionable. The second ground is not applicable because the
constitutional issue would be addressed in a damages action brought
under 1983.
Footnote 2 If this
controversy constitutes a 1983 cause of action, the constitutional
issue would be fully litigated in the damages suit.
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