Legal Opinion

City of Hearne, Texas v. Milton Johnson

Court of Appeals for the Fifth Circuit

Decided July 8, 2019No. 17-50970PublishedCited by 6 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

This is an appeal from the denial of qualified immunity to a city attorney in a Section 1983 suit. We conclude the plaintiff does not have standing to pursue the claim in federal court. We therefore VACATE and DISMISS.

FACTUAL AND PROCEDURAL BACKGROUND

Organizers in Hearne, Texas circulated an initiative petition to force a forensic audit of the city's finances. Under the City's charter, a petition, after being signed by a required number of voters, is submitted to the City. At that point, a designated City administrator has fifteen days to transmit the…

Also in this document: Dissent.

2Cases cited24 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  4. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  5. Bell v. HoodSupreme Court of the United States · 1946

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3Cited by6 opinions

  1. Center for Bio Diversity v. EPACourt of Appeals for the Fifth Circuit · 2019
  2. Belen Gonzales v. Mathis Independent SchoolCourt of Appeals for the Fifth Circuit · 2020
  3. Escobedo v. ReynoldsDistrict Court, W.D. Texas · 2025
  4. Eve Escobedo v. Mark Reynolds et al.District Court, W.D. Texas · 2026
  5. Harrison County, Mississippi v. U.S. Army Corps of EngineersDistrict Court, S.D. Mississippi · 2024

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