Civil Procedure — declaratory judgment — standing

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — declaratory judgment — standing

A legal position taken by a municipality in court is not an official policy that a party has standing to enjoin with a declaratory judgment.

“We acknowledge the great importance that our society accords to freedom of speech and the free exercise of religion, and that the plaintiffs’ legitimate rights to such freedoms are to be respected. Like any other member of the public, the plaintiffs can exercise their rights at future public festivals, subject to reasonable time, place, and manner restrictions. But under the particular facts of this case, there is no evidence of an official City policy that threatens the plaintiffs’ First Amendment rights, giving rise to municipal liability and entitling the plaintiffs to a declaratory judgment. A mere legal pleading or a litigating position, with nothing more, is insufficient to constitute an official policy under Monell. Without such an official policy, these plaintiffs do not have standing to obtain the declaratory judgment.”

Vacated and Remanded.

11-2741 Teesdale v. City of Chicago

Appeal from the United States District Court for the Northern District of Illinois, Hart, J., Manion, J.