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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Civil Practice : Standing – Automated Traffic System – Iowa Law

Civil Practice : Standing – Automated Traffic System – Iowa Law

(1)Where a group of drivers sued a city and the operator/installer of an automated traffic system for alleged violations of federal and state law, a driver who did not receive a notice of violation and did not allege that he incurred any costs to mitigate or to avoid enforcement lacked standing, and another driver who was driving his wife’s car failed to allege third-party standing, but allegations that the procedure was inadequate sufficiently established an injury in fact for Article III standing for procedural due process claims.

(2)Where drivers argued that an automated traffic system infringed upon their right to travel, they failed to alleged discriminatory enforcement against out-of-state drivers, and the ordinance passed rational basis review, so there was no equal protection violation.

Judgment is affirmed in part; reversed in part; remanded.

Hughes v. City of Cedar Rapids (MLW No. 69866/Case No. 15-2703 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Northern District of Iowa, Reade, J. (Claire M. Diallo, Princeton Junction, New Jersey, argued for appellant; James C. Larew appeared on the brief) (Elizabeth Jacobi, Cedar Rapids, Iowa, argued for appellee; Paul David Burns and Laura M. Hyer appeared on the brief).

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