Taylor v. Westly

488 F.3d 1197 Chris Lusby TAYLOR; Nancy A. Pepple-Gonsalves; Gary Kesselman; William J. Palmer; Dawn E. Struck; Susan Swinton, Plaintiffs-Appellants, v. Steve WESTLY, Controller of the State of California, individually and in his official capacity, Defendant-Appellee. No. 05-16763. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 31, 2006. Filed May 31, 2007. William W. Palmer, Law Office of William W. Palmer, Sacramento, CA, for the appellants. Robin B. Johansen, Remcho, Johansen & Purcell, San Leandro, CA, for the appellee. Appeal from the United States District Court for the Eastern District of California; William B. Shubb, Chief District Judge, Presiding. D.C. No. CV-01-02407-WBS. Before: ROBERT R. BEEZER, ANDREW J. KLEINFELD, and MICHAEL DALY HAWKINS, Circuit Judges. PER CURIAM. 1 We reversed an Eleventh Amendment dismissal in an earlier appeal of this case. 1 On remand, the district court denied the plaintiffs' motion for a preliminary injunction. Plaintiffs appeal this denial. 2 2 The district court's decision was based on two alternative grounds: (1) plaintiffs lacked standing to pursue injunctive relief; and (2) even if they had standing, they…