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Ladies Memorial Association, Inc., et al.v.City Of Pensacola, Florida, et al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.20-14003
DecidedMay 16, 2022
Reporter34 F.4th 988
JudgesCircuit Judges Newsom, Tjoflat, and Ed Carnes; Judge Tjoflat authored the opinion
Tags
CivilCivil RightsFirst AmendmentGovernment LawStandingFederal JurisdictionReversalRemand
Case Summary

Pensacola voted to remove a 50-foot Confederate cenotaph from a city park. The Ladies Memorial Association, Confederate heritage groups, and a member sued the city and Florida’s Secretary of State in state court, alleging federal and state constitutional claims; the city removed the case. Plaintiffs asserted historical, expressive, reputational, and taxpayer harms, but alleged no concrete personal injury or that municipal funds would pay for removal. After the federal court dismissed their complaint, the Eleventh Circuit held the allegations did not establish Article III standing, leaving the district court without subject-matter jurisdiction. Because the case had been removed from state court, 28 U.S.C. § 1447(c) required remand, not dismissal. The court reversed and directed remand to state court; it did not decide the constitutional or state-law merits.

Opinion

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