DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152885P.pdf 05/23/2016 David Miller v. City of St. Paul
U.S. Court of Appeals Case No: 15-2885
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, Author, with Beam and Gruender, Circuit Judges]
Civil case - Civil rights. The district court did not err in dismissing
plaintiff's claims against the city, its police chief and an officer in
their official capacities for lack of standing; however, the court erred
in dismissing the claims against the officer in her individual capacity
for lack of standing as Section 1983 liability can be imposed on a
official who oversteps her authority or misuses her powers, and plaintiff
alleged the officer threatened to confiscate his banners and signs,
thereby creating a concrete threat of injury regardless of whether she
also threatened to arrest him; plaintiff did not have standing to seek an
injunction prohibiting officials from restricting his religious expression
at future fairs as the allegations he presented are simply too speculative
to support the relief.