Calzone v. Hawley

Plaintiff filed suit against three state officials to challenge provisions of Missouri law that authorize roving stops of certain vehicles for inspection without suspicion. The Eighth Circuit held that plaintiff had standing to sue the superintendent, and his claims against her for injunctive and declaratory relief were not barred by the Eleventh Amendment; claims against the governor and the attorney general were properly dismissed, because there was no case or controversy between plaintiff and those officials; Mo. Rev. Stat. 304.230.1, .2, and .7 can be applied constitutionally to participants in the commercial trucking industry under New York v. Burger, 482 U.S. 691 (1987), and the provisions were not unconstitutional on their face; but it was error for the district court to dismiss plaintiff's as-applied claims against the superintendent for declaratory and injunctive relief based on the meaning of "person" under 42 U.S.C. 1983. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Calzone v. Hawley" on Justia Law