Niya Kenny v. Alan Wilson
Court of Appeals for the Fourth Circuit
Vacated and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Duncan and Judge Xinis joined.
1Opinion of the Court
DIAZ, Circuit Judge:
In this case, a group of former and current South Carolina students and a nonprofit organization filed suit under 42 U.S.C. § 1983 challenging S.C. Code Ann. § 16-17-420 (the "Disturbing Schools Law") and S.C. Code Ann. § 16-17-530 (the "Disorderly Conduct Law") as unconstitutionally vague. The district court dismissed the complaint for lack of standing. It reasoned that plaintiffs' fear of future arrest and prosecution under the two statutes does not rise above speculation and thus does not constitute an injury in fact.
But at least some of the named plaintiffs do not rely…
2Cases cited23 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- O'Shea v. LittletonSupreme Court of the United States · 1974
18 more not listed; retrieve them via the Exa API.
3Cited by164 opinions
- Brian Davison v. Phyllis RandallCourt of Appeals for the Fourth Circuit · 2019
- Elizabeth Deal v. Mercer County Board of Ed.Court of Appeals for the Fourth Circuit · 2018
- J W v. Birmingham Bd. of Educ.Court of Appeals for the Eleventh Circuit · 2018
- Ross Abbott v. Harris PastidesCourt of Appeals for the Fourth Circuit · 2018
- Ashley Overbey v. Mayor & City Council of Balt.Court of Appeals for the Fourth Circuit · 2019
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