U.S. Court of Appeals for the Fifth Circuit Opinions
Moore v. Bryant
Opinion Date: March 31, 2017
Judge: Stephen Andrew Higginson
Areas of Law: Civil Rights, Constitutional Law
Plaintiff, an African-American, Mississippi lawyer, filed suit against the Governor of Mississippi, claiming that the Mississippi flag, which depicts the Confederate battle flag, violates his rights under the Equal Protection Clause of the Constitution. The district court ultimately dismissed the suit for lack of standing and denied plaintiff's motion to amend. The court agreed with the district court that plaintiff failed adequately to plead injury in fact and thus failed to establish standing. In this case, the court concluded that plaintiff failed to establish that the Mississippi state flag stigmatizes him, plaintiff's hostile workplace and physical injury theories were insufficient to plead injury in fact, and plaintiff failed to allege harm to his daughter based on her exposure to the Mississippi flag in school. Accordingly, the court need not reach causation, redressability, or the political question doctrine. The court affirmed the judgment.
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