Los Angeles Police Protective League v. United States

Good Law
33 F. App'x 361
United States Court of Appeals for the Ninth CircuitApril 22, 2002No. 01-55084; D.C. No. CV-00-11750-TJHCalifornia408 words

Opinion

Lead Opinion

MEMORANDUM *

The Los Angeles Police Protective League (the “Police League”) appeals from the district court’s sua sponte dismissal of the Police League’s complaint, which sought declaratory and injunctive relief regarding a separate lawsuit in which the United States, the City of Los Angeles, the City of Los Angeles Board of Police Commissioners, and the Los Angeles Police Department (“LAPD”) are negotiating a consent decree. Because the parties are *362 familiar with the factual and procedural history of the ease, we do not recount it here.

“A lawsuit seeking federal declaratory relief must first present an actual case or controversy within the meaning of Article III, section 2 of the United States Constitution.” Government Employees Ins. Co. v. Dizol, 133 F.3d 1220, 1222 (9th Cir.1998) (en banc) (citing Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 239-40 , 57 S.Ct. 461 , 81 L.Ed. 617 (1937)). In order to present an actual case or controversy, a plaintiff must allege that he or she has suffered, or is in immediate danger of suffering, an “injury in fact.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). Such an injury must be “an…

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