Commercial Litigation and Arbitration

When Future Injury Confers Standing — Ninth Circuit

From Mory v. City of Chula Vista, 2010 U.S. App. LEXIS 5261 (9th Cir. Mar. 1, 2010):

Mory contends that part of her injury stems from her fear that she will be disciplined for future pageant participation, or that her alleged insubordination in participating in the 2006 pageant will be used against her in future promotions, transfers, salary determinations, and duty assignments. Our precedent suggests: "A plaintiff may allege a future injury in order to comply with [the injury-in-fact] requirement, but only if he or she 'is immediately in danger of sustaining some direct injury as the result of the challenged official conduct and the injury or threat of injury is both real and immediate, not conjectural or hypothetical.'" Scott v. Pasadena Unified Sch. Dist., 306 F.3d 646, 656 (9th Cir. 2002) (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S. Ct. 1660, 75 L. Ed. 2d 675 (1983)). Here, however, Mory has not asserted that the Defendants threaten any immediate, adverse action on the basis of her past pageant participation. Any future injuries she asserts related to promotions, transfers, and the like in our view are unduly speculative and are not sufficient to confer standing. *** The district court properly granted summary judgment to the Defendants on Mory's federal claims as well as Mory's state-law claims, which were jurisdictionally dependent on the ability of Mory to maintain her federal claims. See 28 U.S.C. § 1367(a).

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