City of Los Angeles v. Lyons
City of Los Angeles v. Lyons | |
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Holding | |
A plaintiff must show a sufficiently plausible threat of future injury to possess standing to sue. | |
Court membership | |
| |
Case opinions | |
Majority | White, joined by Burger, Powell, Rehnquist, O'Connor |
Dissent | Marshall, joined by Brennan, Blackmun, Stevens |
Laws applied | |
U.S. Const. art. III |
City of Los Angeles v. Lyons, 461 U.S. 95 (1983), was a
Background
In 1976, Adolph Lyons was stopped by four white officers of the
"Although Lyons offered no resistance or threat whatsoever, the officers, without provocation or justification, seized Lyons and applied a 'chokehold'... rendering him unconsciousness and causing damage to his larynx."[1] He woke up lying face down in the road with soiled underwear and blood and dirt in his mouth. The officers gave him a traffic citation and sent him on his way.[2]
City of L.A. officers often used the chokehold in many situations where they are not threatened by use of deadly force. The officers were directed and encouraged to use the chokehold by the City even though numerous people had been injured by its use. Lyons was fearful of any other interactions with the police for fear of being choked again. Lyons claimed this interfered with his First, Fourth, Eighth, and Fourteenth Amendment rights.[3] "Injunctive relief was sought against the use of the control holds 'except in situations where the proposed victim of said control reasonably appears to be threatening the immediate use of deadly force.' Count VI sought declaratory relief against the City, i. e., a judgment that use of the chokeholds absent the threat of immediate use of deadly force is a per se violation of various constitutional rights."[3]
Lyons introduced evidence from 1975 to 1983 that 16 people, including 12 African-Americans, had been killed by the LAPD using chokeholds.[2]
Decision
This section needs expansion. You can help by adding to it. (April 2012) |
In an opinion authored by Justice White, the Court held 5–4 that Lyons had failed to allege a sufficiently plausible threat of future injury to have standing to seek an injunction. Lyons, however, had standing for his damages action since it was retrospective and the injury, being subjected to the chokehold, was concrete and particular. The decision helped to establish the principle that a plaintiff must meet a standing requirement for each form of relief sought.
Dissenting opinion
This section needs expansion. You can help by adding to it. (April 2012) |
Justice Marshall's dissent argued that the majority's test would immunize from review any widespread policy that deprives constitutional rights when individuals cannot show with certainty that they would be subject to a repeat violation.[4] He also argued that the Court's traditional rule did not distinguish different forms of relief for standing purposes.
Commentary
Based on Michelle Alexander's book
See also
References
- ^ Los Angeles v. Lyons, 461 U.S. 95, 97-98, (1983)
- ^ a b Millhiser, Ian (December 4, 2014). "How The Supreme Court Helped Make It Possible For Police To Kill By Chokehold". ThinkProgress. Retrieved December 12, 2014.
- ^ a b Los Angeles v. Lyons, 461 U.S. 95, 98, (1983)
- ^ Gilson, Dave (December 4, 2014). "Thurgood Marshall Blasted Police for Killing Black Men With Chokeholds". Mother Jones. Retrieved December 12, 2014.
- ^ Lawrence, Charles R. III (2008). "Unconscious Racism Revisited: Reflections on the Impact and Origins of "The Id, the Ego, and Equal Protection".
- ISBN 978-1-59558-103-7
- ^ The New Jim Crow, p. 128-129
External links
- Text of City of Los Angeles v. Lyons, 461 U.S. 95 (1982) is available from: Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
- Ronald T. Gerwatowski, Standing and Injunctions: The Demise of Public Law Litigation and Other Effects of Lyons, Boston College Law Review, vol 25 p 765 (1984), http://lawdigitalcommons.bc.edu/bclr/vol25/iss4/3