Young

MEMORANDUM ***

Tuition in the Montana University System is lower for Montana residents than for out-of-state enrollees. 1 Students from out-of-state were informed that they could not obtain residency status while enrolled in more than six credits as a student. Student plaintiffs challenged the schools’ residency policies under 42 U.S.C. § 1983 , asserting that the policies violated Supreme Court precedent in Vlandis v. Kline, 412 U.S. 441, 452 , 93 S.Ct. 2230 , 37 L.Ed.2d 63 (1973) (holding that a state university system “is forbidden by the Due Process Clause to deny an individual the resident rates on the basis of a permanent and irrebuttable presumption of nonresidence”). 2 The district court granted summary judgment to Defendants. We affirm.

*714 We conclude that Plaintiffs had standing to bring their claims. Plaintiffs must show that their asserted injury was “fairly traceable” or had “some connection” to Defendants. See Southern Pac. Transp. Co. v. Brown, 651 F.2d 613 , 615 (9th Cir.1980). Although Defendants had no direct involvement with the actual determination of Plaintiffs’ residency status, Defendants had a duty to create and enforce residency presumptions in…