Fred Keller, Jr. v. City of Fremont
Court of Appeals for the Eighth Circuit
1Concurring in the judgmentColloton, Circuit Judge
I join Parts I, II, III.A, and IV of the opinion of the court. With respect to the Keller Plaintiffs and the Fair Housing Act (“FHA”), as addressed in Parts III.B and III.C of the lead opinion, I conclude that Fred Keller never asserted standing to raise a claim under the FHA, and it is not our place to raise that claim for him sua sponte. Juan Doe and Juana Doe # 2 lack standing under Article III of the Constitution to pursue an FHA claim, because they have not established the requisite injury in fact. I therefore agree that the FHA claims of the Keller Plaintiffs should be dismissed, and I…
2Cases cited4 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Clapper v. Amnesty International USASupreme Court of the United States · 2013
- Camfield Tires, Inc. v. Michelin Tire CorporationCourt of Appeals for the Eighth Circuit · 1983
- Keller v. City of FremontDistrict Court, D. Nebraska · 2012