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151222P.pdf 02/22/2016 Higgins Electric, Inc. v. O'Fallon Fire Protection Dist.
U.S. Court of Appeals Case No: 15-1222
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Riley, Author, with Bye and Benton, Circuit Judges]
Civil case - Civil rights.Plaintiff Higgins had standing to bring this
civil action alleging the award of a bid violated its civil rights; the
plaintiff union did not have standing to pursue relief on behalf of its
members because its claim for compensatory damages would be peculiar to
the individualized member concerned and both the fact and extent of injury
would require individualized proof; plaintiff Higgins failed to state an
equal protection claim as the defendant district explicitly reserved the
right to award the contact in its best interest and to select a bidder
other than the lowest; for the same reason, plaintiff Higgins's due
process claim failed; plaintiff Higgins failed to provide any plausible
argument for how the district interfered with its ability to associate
with the union or its members, and its First Amendment freedom of
association claim was properly dismissed.