Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brooks v. City of Des Moines

United States Court of Appeals, Eighth Circuit

November 2, 2016

Sarah K. Brooks; Michelle R. Bullock; Zoea A. Warnick; Francis Livingood; Paul G. Wolf; Jason Fett Plaintiffs - Appellants Kris L. Olds Plaintiff
v.
City of Des Moines, Iowa; Gatso USA, Inc. Defendants-Appellees

          Submitted: September 20, 2016

         Appeal from United States District Court for the Southern District of Iowa - Des Moines

          Before LOKEN, BEAM, and BENTON, Circuit Judges.

          BENTON, Circuit Judge.

         Six drivers sued the City of Des Moines and Gatso USA, Inc., arguing that the Automatic Traffic Enforcement (ATE) system violates federal and state law. The district court dismissed the drivers' claims. Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part, reverses in part, and remands.

         I.

         In 2011, the City, by ordinance, authorized an ATE system. Des Moines, Iowa Mun. Code § 114-243. The City contracted with Gatso to install and operate the system. When a vehicle speeds or runs a red light, an ATE camera takes an image. Gatso then mails a Notice of Violation to the vehicle owner. The drivers sued in Iowa state court, arguing that the ATE system violates their right to procedural due process, their fundamental right to travel, Iowa Code §§ 602.6101 and 364.22, and causes unjust enrichment for the City and Gatso. They removed the case to federal court and moved to dismiss.

         The district court dismissed the drivers for failure to state a claim. On appeal, the drivers contend that the district court erred by failing to address their standing and by dismissing their complaint.

         II.

         The district court "passes the question whether plaintiffs here have standing to bring the claims." To the contrary: "Lack of the jurisdiction of the subject matter of litigation cannot be waived by the parties or ignored by the court." Hunter v. Underwood, 362 F.3d 468, 476 (8th Cir. 2004). "The appellate court must satisfy itself not only of its own jurisdiction but also that of the district court." Id. at 476-477. Where a plaintiff lacks standing, the court has no subject matter jurisdiction. Young America Corp. v. Affiliated Comput. Servs., Inc., 424 F.3d 840, 843 (8th Cir. 2005).

         To establish Article III standing, a plaintiff must show 1) an injury in fact, 2) a sufficient causal connection between the injury and the conduct complained of, and 3) a likelihood that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992). The party invoking federal jurisdiction has the burden to establish these elements. Id.

         All drivers received a Notice of Violation, which is sufficient injury in fact. See Ariz. Right to Life Political Action Comm. v. Bayless, 320 F.3d 1002, 1006-07 (9th Cir. 2003) (holding that the plaintiff had standing to challenge a statute because the state had given no indication that the law would not be enforced and the plaintiff "faced a reasonable risk that it would be subject to civil penalties for violation of the statute"); Horne v. U.S. Dept. of Agric., 750 F.3d 1128, 1136 (9th Cir. 2014), rev'd on other grounds, 135 S.Ct. 2419 (2015) ("A monetary penalty is an actual, concrete and particularized injury-in-fact."). The drivers' alleged injury is directly traceable to the City and Gatso. If the court awards damages, their claims are redressed. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 174 (2000). The drivers have standing.

         III.

         The drivers argue that district court should not have relied on Hughes v. City of Cedar Rapids, 112 F.Supp.3d 817 (N.D. Iowa. 2015), because the facts here are materially different. While the drivers correctly note that the Cedar Rapids' ordinance is different, any difference is immaterial. Both Cedar Rapids and Des Moines offer direct access to the district court or an optional administrative proceeding with de novo appellate review. See ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.