171055P.pdf   07/27/2018  Christopher McDaniel  v.  Anne Precythe
   U.S. Court of Appeals Case No:  17-1055
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Colloton, Author, with Gruender, Circuit Judge, and P.K. 
   Holmes, District Judge] 
   Civil case - Civil rights. Plaintiff brought this action alleging the 
   Director of the Missouri Department of Corrections' procedures for 
   inviting citizens to witness executions violates plaintiff's rights under 
   the Due Process Clause of the Fourteenth Amendment; the district court 
   denied the Director's motion to dismiss based on standing and immunity, 
   and the Director appeals. Held: Plaintiff's allegations that the 
   Director's policies provide an opportunity to exclude him based on his 
   viewpoint and that the Director has excluded him and all applicants 
   sharing his viewpoint, are sufficient to give him standing to bring this 
   action; the action is not mooted by the appointment of a new Director as 
   the allegation is not personal to the former Director, but rather a 
   challenge to the standing practices and customs of the Department of 
   Corrections; with respect to the Director's immunity claim, a lawsuit 
   seeking injunctive relief to bring the Director's witness-selection 
   process into compliance with the Constitution falls within the scope of Ex 
   parte Young and may proceed in federal court.