Bernbeck v. Gale

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Plaintiff filed suit under 42 U.S.C. 1983 against two public officials in their official capacities, alleging that the procedures they enforce for placing initiatives on Nebraska state and municipal ballots violate his rights under the First and Fourteenth Amendments, and seeking declaratory and prospective injunctive relief. The district court dismissed all but the Fourteenth Amendment claim against Nebraska Secretary of State John Gale, entered judgment for plaintiff on that claim, enjoined Gale from enforcing certain provisions of the Nebraska Constitution, and awarded plaintiff attorneys' fees and costs. The Supreme Court made clear in Lujan v. Defenders of Wildlife that a wish to engage in future conduct, alone, does not provide the immediacy needed for threatened enforcement of a contested law to constitute injury in fact. The court concluded that plaintiff failed to establish standing to bring his Fourteenth Amendment claim where his interest in placing an initiative on the ballot, even if evidenced by a sworn statement and sample petition filed with Gale, is insufficient to establish an imminent threat of enforcement. Furthermore, plaintiff failed to prove he has standing to assert his interest as a petition signer where there is no evidence that plaintiff is registered to vote. Accordingly, the court vacated that portion of the district court's judgment and remanded with instructions. View "Bernbeck v. Gale" on Justia Law