DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143084P.pdf 10/13/2015 Digital Recognition Network v. Asa Hutchinson
U.S. Court of Appeals Case No: 14-3084
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Murphy and Kelly, Circuit Judges]
Civil case - Arkansas Automatic License Plate Reader System Act. In this
action plaintiffs, manufacturers of systems which record and disseminate
license plate information, challenged the Act as a violation of their
First Amendment right to freedom of speech; assuming the plaintiffs could
demonstrate the injury-in-fact element of standing, they still lacked
standing to sue the governor and the attorney general because the injury
they complain of is not fairly traceable to either defendant since they do
not have authority to enforce the Act because the Act provides for
enforcement only through private actions for damages; for the same reasons
it is not likely that plaintiffs' injury would be redressed by a favorable
decision; because the defendants do not enforce the Act, a declaratory
judgment would not meet the requirements of redressability.