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.
143603P.pdf 03/11/2016 Diane Balogh v. George Lombardi
U.S. Court of Appeals Case No: 14-3603
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Riley, Author, with Bye and Gruender, Circuit Judges]
Civil case - Missouri executions. The ACLU did not have standing to bring
an action against the Director of the Missouri Department of Corrections
challenging the constitutionality of Mo. Rev. Stat. Section 546.720.3,
which provides a private right of action against anyone who, without the
approval of the Director of the Missouri Department of Corrections,
knowingly discloses the identity of a current or former member of an
execution team, as any injury the ACLU might suffer is not fairly
traceable to the director because he does not possess any statutory
authority to enforce the section; because the director lacks authority to
enforce the section, he is also immune from suit under the Eleventh
Amendment; the director's authority to define the members of the team is
not an enforcement action within the meaning of Ex Parte Young and its
progeny.