Background
Plaintiff Peter Strickland sued Sheriff Stephen Jessup, alleging that during a 2022 county election, the sheriff intimidated voters by falsely claiming a candidate was a drug dealer and threatening negative consequences if they did not vote for the sheriff’s friend. Strickland sought a declaration that the sheriff violated Section eleven of the Voting Rights Act and an injunction against future intimidation.
The court’s reasoning
The court agreed with the appellee that the plaintiff lacked Article III standing. Because the plaintiff sought only declaratory and injunctive relief, he needed to allege facts showing a substantial likelihood of future injury. The court found no allegations that the sheriff engaged in similar conduct in elections where his friend was not a candidate, nor that the friend ran for other offices. Therefore, the plaintiff could not plausibly allege he would suffer similar injury in the future.
What it means going forward
The dismissal is without prejudice, allowing the plaintiff to amend the complaint to attempt to establish standing for prospective relief.
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