Lopez-Aguilar v. Marion Cnty. Sheriff's Dep't
Opinion
*380
Antonio Lopez-Aguilar brought this action against the Marion County Sheriff's Department ("the Sheriff's Department"), Sheriff John R. Layton, in both his official capacity and his individual capacity, and a sergeant of the Sheriff's Department, in his individual capacity (together, "the defendants"). His complaint set forth one claim under
The parties later proposed, and the district court subsequently entered, a Stipulated Final Judgment and Order for Permanent Injunction ("the Stipulated Judgment"), which granted declaratory and prospective injunctive relief but dismissed with prejudice Mr. Lopez-Aguilar's damages claims. Following the entry of final judgment, but within the time for appeal, the State of Indiana ("the State" or "Indiana") moved to intervene for the purpose of appealing the district court's order entering the Stipulated Judgment. The district court denied Indiana's motion to intervene. The State now appeals that denial.
Indiana has standing for the purpose of bringing this appeal. The State's motion to intervene was timely, and it also fulfilled the necessary conditions for intervention of right. Finally, the State has demonstrated that the district court was without jurisdiction to enter prospective injunctive relief. Therefore, for the reasons set forth more fully below, we reverse the judgment of the district court and remand the case for proceedings consistent with this opinion.
I.
BACKGROUND
A.
On September 18, 2014, Mr. Lopez-Aguilar came to the Marion County Courthouse *381 in Indianapolis to attend a hearing on a criminal misdemeanor complaint charging him with driving without a license. When he arrived, officers of the Sheriff's Department informed him and his attorney that an ICE officer had come to the courthouse earlier that day looking for him. 2 He alleges that a Sergeant Davis took him into custody. Later that day, Mr. Lopez-Aguilar appeared before the traffic court and resolved his misdemeanor charge. That disposition did not include a sentence of incarceration. Sergeant Davis nevertheless again took Mr. Lopez-Aguilar into custody, informing him that he would be held until the Sheriff's Department could transfer him to ICE's custody. Mr. Lopez-Aguilar consequently remained at the Marion County jail overnight; the next day, county officers transferred him to ICE. Neither federal nor state authorities charged Mr. Lopez-Aguilar with a crime, and he did not appear before a judicial officer. ICE subsequently released him on his own recognizance. An unspecified type of "immigration case" against Mr. Lopez-Aguilar was pending when he later filed this action. 3
B.
On September 15, 2016, Mr. Lopez-Aguilar initiated this litigation by filing a complaint against the Sheriff's Department, Sheriff Layton, and Sergeant Davis. As noted earlier, he asserted a claim for violation of the Fourth Amendment under
In its statement, the United States noted that the Immigration and Nationality Act ("INA") authorized the Sheriff's Department to cooperate with the enforcement of federal immigration laws. Further, the Government submitted, the Sheriff's Department's cooperation with ICE did not violate the Fourth Amendment. The United States disputed whether the defendants' detention of Mr. Lopez-Aguilar amounted to an unlawful seizure. Even if there had been an unlawful seizure, continued the Government, the permanent injunction was improper because it imposed relief far beyond any actual injury to Mr. Lopez-Aguilar.
After considering the positions of the parties and the Government, the district court approved the Stipulated Judgment and then entered a final judgment declaring that:
[S]eizures by the defendants of any person based solely on detention requests *382 from [ICE], in whatever form, or on removal orders from an immigration court, violate the Fourth Amendment, unless ICE supplies, or the defendants otherwise possess, probable cause to believe that the individual to be detained has committed a criminal offense; [and]
... [F]or the avoidance of doubt, an ICE request that defendants seize or hold an individual in custody based solely on a civil immigration violation does not justify a Fourth Amendment seizure .... 5
Further, the district court permanently enjoined the defendants from "seizing or detaining any person based solely on detention requests from ICE, in whatever form, or on removal orders from an immigration court, unless ICE supplies a warrant signed by a judge or otherwise supplies probable cause that the individual to be detained has committed a criminal offense." 6
The district court also issued an opinion to explain its approval of the Stipulated Judgment. The court first considered whether the Stipulated Judgment would require the Sheriff's Department to violate Indiana law. A statutory provision prohibits a governmental body, such as the Sheriff's Department, from implementing a policy that "prohibits or in any way restricts" law enforcement officers from taking certain actions "with regard to information of the citizenship or immigration status" of a person, such as "[c]ommunicating or cooperating with federal officials."
*383
The district court next considered whether the Stipulated Judgment complied with the strictures of
Local No. 93, International Association of Firefighters v. City of Cleveland
,
Finally, the district court evaluated whether the Stipulated Judgment was fair and reasonable. The district court acknowledged that Mr. Lopez-Aguilar "appear[ed] to have a strong case," but noted that "litigating the merits" would involve difficult disputes over the defendants' qualified immunity defense and the facts surrounding his detention.
11
Finally, the district court considered the Government's position. It rejected the Government's view that the relief exceeded the scope of the alleged injury and therefore violated the rule set forth in
City of Los Angeles v. Lyons
,
The district court approved and entered the Stipulated Judgment on November 7, 2017. According to the State, following the entry of final judgment, "an attorney at the United States Department of Justice informally advised the Office of the Indiana Attorney General that the State may have interests at stake in the case." 13 Consequently, on December 4, 2017, the State moved for intervention of right or, alternatively, for permissive intervention, in order to appeal the district court's order entering the Stipulated Judgment. On the same date, the State requested a thirty-day extension of time to file a notice of appeal, which the district court granted. The district court concluded that it was appropriate to grant the State's motion for extension of time given that "[t]he State was not involved in, and did not necessarily have cause to know of, the course of litigation in this case before filing its intervention *384 and extension motions, and appear[ed] to have sought to protect its interests as soon as was practicable upon learning of the Stipulated Judgment." 14
Mr. Lopez-Aguilar and the defendants opposed the State's request to intervene, and, on January 5, 2018, the district court denied the State's motion. First, the district court found that the State had failed to establish Article III standing to intervene because it had not demonstrated an injury-in-fact and because any injury suffered by the State would not be redressable by taking an appeal. The court acknowledged that a state has a legally protected interest in the continued enforceability of its laws and that this interest is harmed when a court holds that a state law is unconstitutional. But the district court reasoned that it had not held a state law unconstitutional; it had simply construed a state statute as not requiring that law enforcement officers cooperate with removal orders, standing alone, or with immigration orders, standing alone. A disagreement about the interpretation of a statute is not, held the district court, sufficient to establish a cognizable injury-in-fact. The district court further held that any injury the State suffered was not redressable. Relying on our decisions in
1000 Friends of Wisconsin Inc. v. United States Department of Transportation
,
The district court went on to say that, even if Indiana had standing to intervene, its motion would fail under Federal Rule of Civil Procedure 24 because it was untimely. Further, the court continued, even assuming that the motion was timely, the State was not entitled to intervene as of right because it had not asserted "a direct, significant, and protectable interest unique to the State which will be impaired by the denial of its motion to intervene." 15 Finally, the district court held that the State was not entitled to permissive intervention because it had failed to satisfy the requirements of Rule 24(b). The State timely appealed from the denial of intervention.
II.
DISCUSSION
A.
In reviewing the district court's decision, we begin with a basic principle: "It goes without saying that those who seek to invoke the jurisdiction of the federal courts must satisfy the threshold requirement imposed by Art. III of the Constitution by alleging an actual case or controversy."
Lyons
,
To establish standing, a plaintiff must satisfy three criteria.
Lujan v. Defenders of Wildlife
,
We first consider whether the State has demonstrated sufficient injury-in-fact. The State contends that the Stipulated Judgment interferes directly and substantially with the use of its police power to cooperate with the federal government in the enforcement of the Country's immigration laws. Mr. Lopez-Aguilar, agreeing with the district court, emphasizes that the injunction does not render the state statutes unconstitutional; it merely interprets them. In his view, Indiana's injury is therefore not a significant one. Mr. Lopez-Aguilar further suggests that if the State could intervene in any litigation where its Attorney General disagreed with a judicial interpretation of a state statute, the State would have the right to intervene in all sorts of private litigation.
Mr. Lopez-Aguilar's characterization artificially minimizes the particular interest that the State seeks to vindicate here. Indiana seeks to protect a state prerogative of constitutional dimension. The Supreme Court has recognized specifically that a state has a cognizable interest sufficient to establish Article III standing in the "continued enforceability of its own statutes," even when another party with an aligned interest has determined not to appeal.
Maine v. Taylor
,
We next consider whether the State's claimed injury is redressable. Mr. Lopez-Aguilar observes that the district court's injunction runs solely against Marion County officials. It does not run against any state official. In his view, we could not grant Indiana relief because it seeks to set aside an injunction against a non-appealing party. He views this rule as an ironclad one, admitting of no exceptions. To support this broad assertion, Mr. Lopez-Aguilar invites our attention to our decision in
Kendall-Jackson Winery
. There, three suppliers of alcoholic beverages sought an injunction against state officials preventing the enforcement of a newly enacted statute that forbade the suppliers to cancel distribution agreements without good cause.
Our later cases have confirmed the continued vitality of this rule. In
Cabral v. City of Evansville
,
We then went on to express our holding another way. We said that it was a basic rule of appellate procedure that "a judgment will not be altered on appeal in favor of a party who did not appeal [even if] the interests of the party not appealing are aligned with those of the appellant."
Our more recent decision in
1000 Friends of Wisconsin
presented a similar situation. Wisconsin, desirous of widening a road between Fond du Lac and Sheboygan, sought the release of federal funds for the project.
In Mr. Lopez-Aguilar's view, our holdings in these cases are dispositive. Although his argument has superficial appeal, on reflection, we cannot accept it. Here, we are not dealing with the derivative injury of a private party whose interests are dependent on the enjoined party. Rather, the district court has enjoined a subordinate component of state government from acting in accordance with the directive of the state legislature. Indiana alleges a direct injury to its capacity to require subordinate entities of state government to act in accordance with state law. In its sovereign capacity, the State seeks to vindicate its authority to require officials of subordinate units of government to fulfill their responsibilities. The State maintains that the Stipulated Judgment directly frustrates its prerogatives and confounds its efforts to be supportive of federal policy. Indiana contends, in essence, that the subordinate officers of state government have abdicated their responsibilities by agreeing to the district court's injunction. The State seeks to protect its sovereign prerogative to cooperate with the federal government and to require subordinate entities of state government to comply with that legislative policy directive.
Mr. Lopez-Aguilar reminds us that the defendants have no statutory duty to appeal the district court's judgment. Those officials do have a statutory duty, however, to obey state law. Indiana simply asks that we vacate a federal district court order requiring local law enforcement officers in Marion County to act in perpetuity contrary to state law. Such relief will remedy directly the injury to the State's sovereign interest in implementing a state-wide legislative policy of full cooperation with federal immigration law. Because the State established a cognizable injury-in-fact,
see
Taylor
,
B.
1.
Having presented a justiciable case or controversy, Indiana still must comply with the requirements of Rule 24. A prerequisite for both intervention of right and permissive intervention is that the motion to intervene must be timely. Fed. R. Civ. P. 24(a), (b). Mr. Lopez-Aguilar submits that the district court correctly held that, even if the State had standing to appeal, its motion to intervene was not timely.
As detailed above, Mr. Lopez-Aguilar and the defendants jointly filed the Stipulated Judgment with the district court on July 10, 2017. Three days later, on July 13, 2017, the United States filed a request for time to submit a Statement of Interest, which the district court granted. On August 4, 2017, the United States filed its Statement of Interest opposing entry of the Stipulated Judgment. The district court nevertheless approved and entered the Stipulated Judgment on November 7, 2017. According to the State of Indiana, *388 following entry of the Stipulated Judgment, "an attorney at the United States Department of Justice informally advised the Office of the Indiana Attorney General that the State may have interests at stake in the case." 16 Consequently, on December 4, 2017, the State moved to intervene in order to appeal the district court's order entering the Stipulated Judgment. On the same date, the State requested, and the district court granted, a thirty-day extension of time to file a notice of appeal.
In its order granting the extension of time, the district court explained that, "[e]ven with the exercise of due diligence, the State would not necessarily have had earlier notice of this lawsuit and our entry of final judgment." 17 The court further observed that:
[P]ublished news items and broadcast media coverage included discussions of this lawsuit both before and after final judgment was entered. It is not far-fetched to presume that State government officials would take the appropriate steps to keep abreast of legal proceedings touching on major questions of public policy involving its capital city's government. That said, we know of no legal duty imposed on the State to track every lawsuit implicating an interpretation of Indiana law-the primary basis for the State's intervention motion-and we have no reason to believe that the State had actual notice of this lawsuit before its filing of the motions now before us. 18
The district court concluded that it was appropriate to grant the State's motion for extension of time to appeal given that "[t]he State was not involved in, and did not necessarily have cause to know of, the course of litigation in this case before filing its intervention and extension motions, and appear[ed] to have sought to protect its interests as soon as was practicable upon learning of the Stipulated Judgment." 19 Despite these findings, on January 5, 2018, the district court denied the State's motion to intervene. Among other grounds, the court determined that the State's motion failed for lack of timeliness.
We have stated, in the context of Rule 24, that "[t]imeliness is not limited to chronological considerations but is to be determined from all the circumstances."
City of Bloomington v. Westinghouse Elec. Corp.
,
The first factor that we consider is the length of time the State knew or should have known of its interest in this case. "[W]e do not necessarily put potential intervenors on the clock at the moment the suit is filed or even at the time they learn of its existence. Rather, we determine timeliness from the time the potential intervenors learn that their interest might be impaired."
In considering this first factor, we, like our sister circuits, give significant weight to the fact that the motion to intervene was filed within the time limit for filing a notice of appeal. 20 Additionally, although the district court ultimately ruled that the motion to intervene was not timely, the court's earlier statements reflected another view. In finally denying the motion to intervene, the court remarked that the State should have known that it had an interest in the litigation five months earlier, when the parties proposed the Stipulated Judgment. The court also asserted that the State should have known of its interest in this case when, as early as July 12, 2017, Indiana media outlets published stories about this litigation and the parties' proposed agreement. By contrast, in granting the State's motion for extension of time to appeal, the court noted that "[e]ven with the exercise of due diligence, the State would not necessarily have had earlier notice of this lawsuit and [the district court's] entry of final judgment." 21 Indeed, the district court acknowledged, correctly, that "we know of no legal duty imposed on the State to track every lawsuit implicating an interpretation of Indiana law ... and we have no reason to believe that the State had actual notice of this lawsuit" before filing its motion to intervene. 22 We think the latter remarks of the district court reflect a more accurate and realistic view of the entire record. The district court was correct in determining that the State cannot be faulted for not learning of this suit sooner. The State received no notification of the initiation of this litigation, and the Attorney General of Indiana had no obligation to monitor the local news services to determine from their reports whether the State had a sufficient interest to justify entering the litigation. 23
Of course, the "most important consideration in deciding whether a motion for intervention is untimely is whether the
*390
delay in moving for intervention will prejudice the existing parties to the case."
Nissei Sangyo America, Ltd. v. United States
,
The district court determined that the prejudice to the original parties would be "real and appreciable" because the personal-capacity defendants had been dismissed with prejudice and their repose would be disturbed. 24 The official-capacity defendants had obtained the district court's determination of their obligations, and Mr. Lopez-Aguilar's vindication of his position would be "wholly overthrown" by reopening the litigation. 25
As a practical matter, however, none of these suggested difficulties can be said to be a result of the State's "delay" in moving to intervene. Even if the State moved to intervene in July 2017, after the parties proposed the Stipulated Judgment, rather than in December 2017, after the State learned that the district court had entered final judgment, the burden to the parties of reopening the litigation and resuming settlement negotiations would have been the same.
Cf.
Nissei Sangyo America
,
We also must consider "the prejudice to the intervenor if the motion is denied."
Sokaogon Chippewa Cmty.
,
Here, the district court took the view that the prejudice to the State "would be minimal or nonexistent" because its order "binds only the original parties to this action" and because the State "has numerous courts, state and federal, and numerous potential cases, open to it for the vindication of its preferred legal position."
26
We cannot accept this view. The district court's entry of a
permanent
injunction hobbles, substantially, Indiana's ability to implement its legislative policy in its most populous county. Nor is this a case where the State previously had the opportunity, but elected not, to provide its input on the terms of the Stipulated Judgment.
Cf.
City of Bloomington
,
*391
Rather, the district court approved and entered the Stipulated Judgment without any adversarial briefing on the enforceability of the relevant Indiana code provisions, let alone any input from the State. The prejudice to the State from being denied the opportunity to explain portions of its legal code is "significant" and "outweighs any prejudice" to the existing parties.
Reich
,
A state's right to participate in federal litigation implicating its interests as a sovereign is a serious matter.
Cf.
In sum, because the State filed its motion to intervene within the time for filing an appeal, because the State cannot be faulted for not having intervened earlier, and because the prejudice to the State from being denied intervenor status outweighs any prejudice to the parties from allowing intervention, its motion to intervene was timely. 28 The district court exceeded the bounds of permissible discretion in reaching a contrary conclusion.
2.
We now turn to examine whether the State satisfied the remaining conditions for seeking intervention. A non-party who wishes to intervene as of right must satisfy three requirements under Rule 24(a) :
(1) [T]he applicant must claim an interest relating to the property or transaction which is the subject of the action,
(2) the applicant must be so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, and
(3) existing parties must not be adequate representatives of the applicant's interest.
Sokaogon Chippewa Cmty.
,
We first consider whether Indiana has a legally protectable interest in this litigation. "Our cases say that the prospective intervenor's interest must be direct, significant, and legally protectable."
Solid Waste Agency of N. Cook Cty. v. United States Army Corps of Eng'rs
,
*392
Flying J, Inc. v. Van Hollen
,
In this case, the State has a
fundamental
interest in the maintenance of its legislatively mandated policy to cooperate fully with the federal government in the enforcement of immigration laws. It is certainly within the State's exclusive purview to establish its expectations of the law enforcement officers operating under its statutes. Indiana has an interest in giving effect to its legislature's determination that the State ought to cooperate fully with federal immigration enforcement. Because the State has a substantial interest in overturning a federal injunction that limits its ability to effectuate its legislature's expectations, it has a "direct, significant, and legally protectable" interest in this litigation.
Solid Waste Agency
,
Next, we examine whether the Stipulated Judgment "may as a practical matter impair or impede" the State's "ability to protect its interest." Fed. R. Civ. P. 24(a)(2). We have recognized that "concern with the stare decisis effect of a decision can be a ground for intervention."
Flying J
,
Here, the Stipulated Judgment will impair directly the State's ability to protect its substantial interest in cooperating with federal immigration enforcement efforts. The terms of the injunction oblige the Sheriff's Department of Indiana's most populous county to disregard, in a significant way, what the State believes is a legislative command to cooperate with the federal government. Absent intervention, the State will have no opportunity to assert its interest before the parties are bound by the terms of the Stipulated Judgment.
See
Solid Waste Agency
,
Lastly, we examine whether the existing parties adequately represent Indiana's interest. We presume adequacy of representation "[w]here the interests of the original party and of the intervenor are identical-where in other words there is no conflict of interest."
Because the State has demonstrated a direct, significant, and legally protectable interest in this litigation, which will be impaired absent intervention and is not adequately represented by the existing parties, the State is entitled to intervention as of right. The district court therefore erred when it denied the State's motion. 30
C.
Having determined that the district court should have permitted Indiana to intervene for purposes of taking an appeal, we turn now to consider the State's position. In Indiana's view, "[t]he district court lacked Article III jurisdiction to declare unlawful and permanently enjoin Marion County's detention of removable aliens." 31 More specifically, Indiana submits that, because Mr. Lopez-Aguilar alleged only a single past incident of unlawful conduct-his detention in September 2014, at an ICE officer's request-his claim of past injury does not constitute in itself the real and immediate threat of injury necessary to make out a case or controversy.
We evaluate this contention by focusing on the Supreme Court's decision in Lyons . In that case, Lyons sued the City of Los Angeles and four of its police officers, alleging that the officers had stopped him for a traffic violation and, without provocation or legal justification, seized him and applied a "chokehold."
*394
The Court began its analysis with the premise that "those who seek to invoke the jurisdiction of the federal courts must satisfy the threshold requirement imposed by Art. III of the Constitution by alleging an actual case or controversy."
Relying on its decisions in
O'Shea v. Littleton
,
Similarly, in
Rizzo
, the plaintiffs sought equitable intervention to remedy police officer mistreatment of minority citizens and Philadelphia residents.
Adhering to these principles, the Court in
Lyons
concluded that the plaintiff's complaint fell "far short of the allegations that would be necessary to establish a case or controversy."
Lyons
,
Lyons
establishes that a plaintiff cannot seek an injunction "absent a showing of irreparable injury, a requirement that cannot be met where there is no showing of any real or immediate threat that the plaintiff will be wronged again."
Id. at 111,
We recently applied
Lyons
in
Simic v. City of Chicago
,
We determined that "Simic's claimed threat of future injury" was "conjectural" because it was entirely "contingent upon her once again driving while using her cell phone and receiving a citation under the Chicago ordinance."
Applying
Lyons
to the case at hand, Mr. Lopez-Aguilar has failed to establish a case or controversy with the defendants "that would justify the equitable relief sought."
Lyons
,
Mr. Lopez-Aguilar simply fails to demonstrate a "likelihood of substantial and immediate irreparable injury," a prerequisite for equitable relief.
Lyons
,
Mr. Lopez-Aguilar is notably reticent about countering forthrightly the State's argument that, under
Lyons
, he lacked standing to seek (and the district court lacked jurisdiction to award) injunctive relief. Instead, he maintains that the State ignores the line of cases holding that parties can agree through consent decrees to more relief than a court could have ordered absent settlement and more than the Constitution itself requires.
32
This argument over-reads significantly the governing case law. The requirement that the plaintiff must have standing to seek equitable relief does not cease when the parties agree to such relief by stipulated judgment. Although "[c]onsent decrees often embody outcomes that reach beyond basic constitutional protections," to be "enforceable as a judicial decree," a consent decree is "subject to the rules generally applicable to other judgments and decrees."
Kindred v. Duckworth
,
*397
United States v. ACCRA PAC, Inc.
,
For instance, in
Blair v. Shanahan
,
The parties' agreement to resolve Mr. Lopez-Aguilar's claims by stipulated judgment did not relieve the district court of its obligation to confirm that it had Article III jurisdiction to enter the declaratory judgment and permanent injunction.
Lyons
operates with the same force and effect in this context and compels the conclusion that Mr. Lopez-Aguilar did not have standing to request equitable relief. The Supreme Court has admonished that, absent "great and immediate" irreparable injury, "the need for a proper balance between state and federal authority counsels restraint in the issuance of injunctions against state officers engaged in the administration of the States' criminal laws."
Lyons
,
Conclusion
For the foregoing reasons, we reverse the judgment of the district court and remand for proceedings consistent with this opinion. Indiana may recover its costs in this court.
REVERSED AND REMANDED
The Fourth Amendment to the Constitution of the United States is made applicable to the states by the Fourteenth Amendment.
See
Mapp v. Ohio
,
Kevin Wies, the ICE officer who claimed responsibility for Mr. Lopez-Aguilar's immigration detention and arrest, stated in a declaration that, based on a fingerprint match in the ICE database, he had asked the Sheriff's Department to communicate with him about Mr. Lopez-Aguilar. According to Officer Wies, ICE never issued either a written or an informal detainer for Mr. Lopez-Aguilar.
R.1 ¶ 23.
Lopez-Aguilar Br. 6.
R.50 at 1-2.
Id. at 2.
R.49 at 17.
The district court also determined that the Stipulated Judgment did not conflict with Indiana Code §§ 5-2-18.2-5, 6. Section 5 creates a private right of action for violations of Chapter 18.2, id. § 5-2-18.2-5, and Section 6 requires a state court that finds a knowing or intentional violation of this chapter to enjoin the violation, id. § 5-2-18.2-6. According to the district court, because these provisions "impose[ ] no duties" on the Sheriff's Department, there was no conflict. R.49 at 17. The State does not challenge the district court's rulings regarding Sections 5 and 6 in this appeal.
R.49 at 31.
Id. at 32.
Id. at 33.
Id. at 34.
Appellant's Br. 14.
R.58 at 4 (emphasis omitted).
R.62 at 17.
Appellant's Br. 14.
R.58 at 3.
Id. at 3-4.
Id. at 4 (emphasis omitted).
See, e.g.
,
Ross v. Marshall
,
R.58 at 3.
Id. at 4.
Cf.
Atl. Mut. Ins. Co. v. Nw. Airlines, Inc.
,
R.62 at 14.
Id. at 15.
Indiana does not argue that
The fourth factor we may consider is whether there are "any other unusual circumstances" bearing on the timeliness inquiry.
Sokaogon Chippewa Cmty. v. Babbitt
,
The Supreme Court's decision in
Arizona v. United States
,
Because Indiana clearly satisfies the criteria for intervention as of right under Rule 24(a), we need not examine in-depth whether it fulfills the requirements for permissive intervention under Rule 24(b).
Appellant's Br. 33.
One of the cases on which Mr. Lopez-Aguilar relies is
Local No. 93, International Association of Firefighters v. City of Cleveland
,
Similarly, in
Ducharme v. Rhode Island
, No. 93-1675,
Mr. Lopez-Aguilar relies on
O'Sullivan v. City of Chicago
,
The differences between our situation and the one in O'Sullivan are stark. There is no suggestion that, because of changes in the law, the district court initially had jurisdiction to award injunctive relief when the parties entered the Stipulated Judgment but has since lost such jurisdiction. At no point in this litigation did Mr. Lopez-Aguilar have standing to seek the prospective injunctive relief awarded by the district court. Moreover, this case is before us on direct appeal; it has not "become final by exhaustion of all appellate remedies." Id. at 859. Nor is the State attempting to undo a judgment after it has had the opportunity to participate in a case and have its rights fairly determined. Rather, the State seeks in the first instance an opportunity to ensure that its laws can operate within its most populous county in the manner contemplated by the Indiana legislature.
Reference
- Full Case Name
- Antonio LOPEZ-AGUILAR, Plaintiff-Appellee, v. MARION COUNTY SHERIFF'S DEPARTMENT, Et Al., Defendants-Appellees. Appeal Of: State of Indiana, Proposed Intervenor.
- Cited By
- 69 cases
- Status
- Published