Article Archives >> Lead Stories >> November 16-30, 2006
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Unincorporated Association Not “Person”
With Standing to Enforce Constitutional Rights
Circuit Court says Section 1983 does not protect
nonprofit association seeking parade permit from city
The Tenth Circuit Court of Appeals has held that a nonprofit unincorporated association is not a legal “person” with standing to raise claims of constitutional rights violation under Section 1983 of the U.S. Code (42 U.S.C. §1983). (Lippoldt v. Cole, No. 04-3156, 11/7/06.)
The Court has ordered a trial court to dismiss claims by Operation Save America, which sought parade permits for anti-abortion parades in Wichita, KS, in 2001, although it has also ruled that individual members of the association could sue and were improperly denied permits.
Article Archives >> Lead Stories >> November 16-30, 2006
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