The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

American Civil Liberties Union Of Florida, Inc.v.Dixie County Florida

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.11-13457
DecidedAugust 15, 2012
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilConstitutional LawFirst AmendmentReligious LibertyStandingFederal JurisdictionSummary JudgmentCivil ProcedureRemandSpecial Concurrence
Case Summary

The American Civil Liberties Union challenged a six-ton Ten Commandments monument displayed on the steps of the Dixie County, Florida, courthouse, alleging an Establishment Clause violation. The organization relied on member John Doe, who had visited the courthouse while considering property in the county, saw the monument once, found it offensive, and later said he abandoned the property search because of it. The County’s deposition questions elicited that other courthouse features and circumstances also offended Doe and affected his decision. The district court first denied the County’s summary-judgment motion on standing and later granted the ACLU summary judgment on the merits. The Eleventh Circuit vacated the merits judgment and remanded for an evidentiary hearing. It held that the deposition and a later affidavit created a material credibility conflict about whether the monument caused a concrete injury and whether removing it would likely redress that injury; the district court could not credit the affidavit while ignoring the deposition on a paper record. Judge Edmondson concurred in vacating the merits judgment but dissented from the hearing requirement, concluding that Doe’s speculative connection to the county defeated standing as a matter of law and warranted dismissal.

Opinion

Loading published copy…

The Far Side
American Civil Liberties Union Of Florida, Inc. V. Dixie County Florida — The Atlanta Gleaner