City of Los Angeles v. Lyons, 461 U.S. 95 (1983)

Justice White

delivered the opinion of the Court.

The issue here is whether respondent Lyons satisfied the prerequisites for seeking injunctive relief in the Federal District Court.

[ . . . ]

Plaintiff brought civil rights action against city, seeking damages, injunctive relief and declaratory relief. On remand after an appeal, 615 F.2d 1243, the United States District Court for the Central District of California granted preliminary injunctive relief, and the Court of Appeals, Ninth Circuit, affirmed, 656 F.2d 417. On grant of certiorari, the Supreme Court, Justice White, held that: (1) that plaintiff might have been illegally choked by police did not establish real and immediate threat that he would again be stopped for traffic violation or for any other offense by officer or officers who would illegally choke him into unconsciousness without any provocation or resistance on his part, and additional allegation that Los Angeles police routinely applied chokeholds in situations where they were not threatened by use of deadly force fell far short of allegations necessary to establish case or controversy, and (2) because plaintiff did not allege that all police officers in Los Angeles always choked any citizen with whom they happened to have encounter, whether for purpose of arrest, issuing citation or for questioning, nor did complaint allege that city ordered or authorized police officers to act in such manner, there was failure to allege case or controversy.

Reversed.

Justice Marshall dissented and filed opinion in which Justice Brennan, Justice Blackmun and Justice Stevens joined.

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