District court’s dismissal of plaintiffs’ preenforcement challenge to a state criminal statute for lack of standing is affirmed where: 1) plaintiffs failed to meet their Article III burden of proving that their First Amendment rights were chilled based on a subjective and sincere belief that under the statute they would be criminally charged for making truthful claims of police misconduct; and 2) the court did not abuse its discretion in dismissing the claim of the one plaintiff with standing based on the Younger doctrine.
Read Zanders v. Swanson, No. 08-3221
Appellate InformationAppeal from the United States District Court for the District of Minnesota.Submitted: June 10, 2009Filed: July 20, 2009
JudgesBefore COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.Opinion by BEAM, Circuit Judge.
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