Legal Opinion · Dissent

Nowakowski v. New York

Court of Appeals for the Second Circuit

Decided August 26, 2016No. Docket 14-1964Published

1DissentLivingston, Circuit Judge

A petitioner must, at “all stages of federal judicial proceedings,” be able to demonstrate that he has “suffered!] or [is] threatened with[ ] an actual injury tracea*229ble to the defendant and likely to be redressed by a favorable judicial decision.” Spencer v. Kemna, 528 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998) (quoting Lewis v. Cont’l Bank Corp., 494 U.S. 472, 478, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990)). Absent a concrete,'non-speculative, and re-dressable injury, a case ceases to present “a case or controversy under Article III ... of the Constitution.” Id. As we have long observed,…

2Cases cited59 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  5. Sibron v. New YorkSupreme Court of the United States · 1968

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