Sturm

Sturm v. United States Department of Navy

Good Law
76 F. App'x 833
United States Court of Appeals for the Ninth CircuitSeptember 30, 2003No. 02-56120; D.C. No. CV-99-02272-W/LSPCalifornia648 words

Opinion

Lead Opinion

MEMORANDUM *

Navy chaplain Patrick M. Sturm appeals the district court’s dismissal of his claims that Navy policies unconstitutionally discriminate against himself and other nonliturgica! Protestants. The district court found that the majority of these claims were moot, and it granted summary judgment for the Navy on the other claims. We affirm.

We review de novo questions of mootness, standing, and the propriety of summary judgment. Cole v. Oroville Union High Sch. Dist., 228 F.3d 1092 , 1097-98 (9th Cir.2000); Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc). We agree with the district court’s conclusion that Sturm’s personal claims relating to his promotions are moot. 1 A case is moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” Clark v. City of Lakewood, 259 F.3d 996, 1011 (9th Cir.2001). “ ‘Past exposure to illegal conduct does not in itself show a present case or controversy ... if unaccompanied by any continuing, present adverse effects.’ ” Renne v. Geary, 501 U.S. 312, 320-21 , 111 S.Ct. 2331 , 115 L.Ed.2d 288 (1991) (quoting O’Shea v. Littleton, 414 U.S. 488, 495-96 , 94 S.Ct. 669 ,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.