|Huge Victory in Striper Trial, Plaintiffs have "No standing"
July 25, 2008. Judge Wanger's ruling:
"...Before the court for decision is State Defendants’ motion for judgment on the pleadings. (Doc. 24, filed May 5, 2008.)
State defendants argue that: (1) neither the Coalition nor Dee Dillon have standing to sue; (2) the individual defendants named in their official capacities as Members of the Commission are absolutely immune from suit by virtue of the legislative immunity doctrine; and (3) the Eleventh Amendment otherwise bars suit against the Commission’s Members and Executive Director..."
The Judge's Conclusion section read this way:
"...For the reasons set forth above, the State Defendants’ motion for judgment on the pleadings is GRANTED. Neither the Coalition or Dee Dillon have alleged facts sufficient for standing and the claims against the Commission and its individual Members and Executive director are barred by both legislative and immunity and the Eleventh Amendment. Plaintiffs are GRANTED LEAVE TO AMEND, if they can do so within the requirements of Rule 11, within thirty (30) days..."
The question remains as to whether the Coalition has "standing" to sue DFG. While CSPA and the firm of Nomellini, Grilli and McDaniel are ready to intervene, that effort may not be necessary if the judge rules in a similar manner regarding DFG as a defendant. We'll just have to wait and see.
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