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CA9: Mayfield lacks standing to sue for declaratory judgment, having settled other claims

By John Wesley Hall, Jr.

Brandon Mayfield, who settled his false arrest case against the government for $2M, did not have Art. III standing to challenge the FISA provisions of the PATRIOT Act after he settled. The existence of a past injury did not show that he was going to be searched again. Mayfield v. United States, 2009 U.S. App. LEXIS 26889 (9th Cir. December 10, 2009), lower court opinion Mayfield v. United States, 504 F. Supp. 2d 1023 (D. Or. 2007): Mayfield unquestionably had standing to seek damages and injunctive relief when he filed the original complaint. The requirements for seeking such relief, however, differ from the requirements for seeking a declaratory judgment. See Lyons, 461 U.S. at 111. Having bargained away all other forms of relief, Mayfield is now entitled only to a declaratory judgment...continue to full post

Full post as published by Fourth Amendment on December 12, 2009 (boomark / email).