Loving

Loving v. United States

Good Law
18 F. App'x 570
United States Court of Appeals for the Ninth CircuitAugust 30, 2001No. 01-55173; D.C. No. CV-00-00117-RTCalifornia279 words

Opinion

Lead Opinion

MEMORANDUM ***

Bill Loving appeals the district court’s summary judgment in favor of defendants on his First Amendment challenge to the *571 Driver’s Privacy Protection Act (the “Act”), 18 U.S.C. §§ 2721-2725 , which regulates the disclosure of personal information that states maintain in motor vehicle records. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo a grant of summary judgment. Llamas v. Butte Cmty. Coll. Dist., 238 F.3d 1123 , 1126 (9th Cir.2001).

Loving lacks standing to bring this challenge. He has not demonstrated that he faces “a realistic danger of sustaining a direct injury as a result of the statute’s operation or enforcement.” Babbitt v. United Farm Workers Nat’l Union, 442 U.S. 289, 298 , 99 S.Ct. 2301 , 60 L.Ed.2d 895 (1979). Although Loving asserts that he has a “concrete plan” to violate the law, see Thomas v. Anchorage Equal Rights Comm’n, 220 F.3d 1134 , 1139 (9th Cir. 2000) (en banc), his allegations do not support the conclusion that his “plan” is illegal under the Act. Loving fails to plead that he sought or was denied personal information from a department of motor vehicles. Moreover, the record is devoid of any…

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