David D. Darring v. Larry Kincheloe, Superintendent of the Washington State Penitentiary, 783 F.2d 874 (9th Cir. 1986). · Go Syfert
David D. Darring v. Larry Kincheloe, Superintendent of the Washington State Penitentiary, 783 F.2d 874 (9th Cir. 1986). Cases Citing This Book View Copy Cite
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cited 4× by 2 distinct cases, last quoted 1989 · …affirmative constitutional duty of protection at p. 876 ⚠ not in text
501 citation events (77 in the last 25 years) across 21 distinct courts.
Strongest positive: Zentmyer v. United States of America (casd, 2022-03-30)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Zentmyer v. United States of America
S.D. Cal. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an 20 'imaginary or speculative' fear of prosecution is not enough
discussed Cited as authority (verbatim quote) Columbia Basin Apartment Association v. City Of Pasco
9th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
a threatened injury may be justiciable.
cited Cited as authority (rule) Rubia Morales-Alfaro v. USA
9th Cir. · 2025 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986). 2.
discussed Cited as authority (rule) Wolf Guts v. M County
D.S.D. · 2025 · confidence medium
Corp. of Am., 267 F. App’x 482, 482 (8th Cir. 2008) (per curiam)); see also Smith v. Hundley, 190 F.3d 852, 855 (8th Cir. 1999) (finding that an inmate’s transfer to a new facility weeks before a trial for violation of his First Amendment rights mooted his claims for injunctive relief); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
discussed Cited as authority (rule) Wolf Guts v. Mr. M County
D.S.D. · 2025 · confidence medium
Corp. of Am., 267 F. App’x 482, 482 (8th Cir. 2008) (per curiam)); see also Smith v. Hundley, 190 F.3d 852, 855 (8th Cir. 1999) (finding that an inmate’s transfer to a new facility weeks before a trial for violation of his First Amendment rights mooted his claims for injunctive relief); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
discussed Cited as authority (rule) Wolf Guts v. County
D.S.D. · 2025 · confidence medium
Corp. of Am., 267 F. App’x 482, 482 (8th Cir. 2008) (per curiam)); see also Smith v. Hundley, 190 F.3d 852, 855 (8th Cir. 1999) (finding that an inmate’s transfer to a new facility weeks before a trial for violation of his First Amendment rights mooted his claims for injunctive relief); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
discussed Cited as authority (rule) Harold Edwards v. William Hutchings
9th Cir. · 2025 · signal: cf. · confidence medium
Dilley v. Gunn, 64 F.3d 1365, 1369 (9th Cir. 1995); cf. Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986) (determining that a prisoner’s claim is moot when he cannot show a “reasonable expectation” or “demonstrated probability” of returning to the state penitentiary where the alleged constitutional violations occurred).
discussed Cited as authority (rule) Maurice Harper v. State of California
C.D. Cal. · 2025 · confidence medium
See Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) 10 | (‘.W]hen a prisoner is moved from a prison, his action will usually become moot 11 || as to conditions at that particular facility.” (citing Dilley v. Gunn, 64 F.3d 1365 , 12 | 1368-69 (9th Cir. 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) 13 | (claims for injunctive relief related to conditions of confinement were moot where 14 || prisoner was transferred to another facility and “demonstrated no reasonable 15 || expectation of returning to [the original facility].” (citing Darring v. Kincheloe, 16 || 783 F.2d …
discussed Cited as authority (rule) (PC) Downs v. Jiminez
E.D. Cal. · 2025 · confidence medium
See Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) (“[W]hen a 27 prisoner is moved from a prison, his action [for injunctive relief] will usually become moot as to 28 conditions at that particular facility” (citing Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) (per curiam) (claims for injunctive 2 relief related to conditions of confinement were moot where prisoner was transferred to another 3 facility and “demonstrated no reasonable expectation of returning to [the original facility]” (citing 4 Darring v. Kincheloe, …
discussed Cited as authority (rule) (PC) Clark v. CDC
E.D. Cal. · 2024 · confidence medium
See Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) 12 (“[W]hen a prisoner is moved from a prison, his action [for injunctive relief] will usually become 13 moot as to conditions at that particular facility” (citing Dilley v. Gunn, 64 F.3d 1365 , 1368-69 14 (9th Cir. 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) (per curiam) (claims for 15 injunctive relief related to conditions of confinement were moot where prisoner was transferred to 16 another facility and “demonstrated no reasonable expectation of returning to [the original 17 facility]” (citing Darring v. Kinche…
discussed Cited as authority (rule) (PC) Coleman v. California Department of Corrections
E.D. Cal. · 2024 · confidence medium
The 27 reason is that the released inmate is no longer subject to the prison conditions or policies he 28 challenges.”); Darring v. Kincheloe, 783 F.2d 874, 876 (finding state prisoner’s claim to enjoin 1 enforcement of a state penitentiary’s institutional order on the basis that it violated his 2 constitutional rights was moot because he was transferred from the state penitentiary to a 3 corrections center, and the district court found neither a “reasonable expectation” nor 4 “demonstrated probability” he would again return to the state penitentiary); Jones v. Burk, No. , 5 2009…
discussed Cited as authority (rule) (PC) Hall v. Gary (2×)
E.D. Cal. · 2024 · confidence medium
Plaintiff 17 “must ‘show that he personally has suffered some actual or threatened injury as a result of the 18 putatively illegal conduct of the defendant,’ and that the injury ‘fairly can be traced to the 19 challenged action’ and ‘is likely to be redressed by a favorable decision.’” Darring v. Kincheloe, 20 783 F.2d 874, 877 (9th Cir. 1986) (citing Valley Forge Christian College v. Americans United, 21 454 U.S. 464, 472 (1982)). 22 Plaintiff’s allegations regarding Mrs. Peralta do not demonstrate that he “personally has 23 suffered some actual or threatened injury as a r…
discussed Cited as authority (rule) (PC) Hall v. Gary (2×)
E.D. Cal. · 2023 · confidence medium
Plaintiff “must ‘show that he personally has 22 suffered some actual or threatened injury as a result of the putatively illegal conduct of the 23 defendant,’ and that the injury ‘fairly can be traced to the challenged action’ and ‘is likely to be 24 redressed by a favorable decision.’” Darring v. Kincheloe, 783 F.2d 874, 877 (9th Cir. 1986) 25 (citing Valley Forge Christian College v. Americans United, 454 U.S. 464, 472 (1982)). 26 Plaintiff’s allegations do not demonstrate how plaintiff “personally has suffered some actual or 27 threatened injury as a result of the putativ…
discussed Cited as authority (rule) Tiedemann v. Mitchell
D. Ariz. · 2023 · confidence medium
See McQuillion v. Schwarzenegger, 369 F.3d 1091, 1095 (9th Cir. 12 2004) (citing Bernhardt v. County of Los Angeles, 279 F.3d 862, 871 (9th Cir.2002)). 13 An inmate's release from prison while his claims are pending generally will moot 14 any claims for injunctive relief relating to prison policies unless the suit is a class action. 15 Preiser v. Newkirk, 422 U.S. 395 , 402–03 (1975); Johnson v. Moore, 948 F.2d 517 , 519 16 (9th Cir.1991); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986).
discussed Cited as authority (rule) (PC) Brown v. Reilly
E.D. Cal. · 2023 · confidence medium
Nelson v. Heiss, 271 F.3d 21 891, 897 (9th Cir. 2001) (“[W]hen a prisoner is moved from a prison, his action [for injunctive 22 relief] will usually become moot as to conditions at that particular facility” (citing Dilley v. Gunn, 23 64 F.3d 1365, 1368-69 (9th Cir. 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) 24 (per curiam) (claims for injunctive relief related to conditions of confinement were moot where 25 prisoner was transferred to another facility and “demonstrated no reasonable expectation of 26 returning to [the original facility].” (citing Darring v. Kincheloe,…
discussed Cited as authority (rule) Jeremy Pinson v. Michael Carvajal (2×) also: Cited "see, e.g."
9th Cir. · 2023 · confidence medium
CARVAJAL Darring, 783 F.2d at 876 (concluding that § 1983 claim for injunctive relief was moot where prisoner was transferred to a different prison before district court ruled on his amended complaint); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) (“Before our first decision was rendered in this case, Johnson was transferred to a federal correctional facility in Washington.
discussed Cited as authority (rule) Reberger v. Minev
D. Nev. · 2022 · confidence medium
By his own admission, Reberger is no longer in the custody of the Nevada 6 Department of Corrections. 7 “An inmate’s release from prison while his claims are pending generally will moot any 8 claims for injunctive relief relating to the prison’s policies . . .” Dilley v. Gunn, 64 F.3d 1365 , 1368 9 (9th Cir. 1995) (citing Preiser v. Newkirk, 422 U.S. 395 , 402–03 (1975); Johnson v. Moore, 948 F.2d 10 517, 519 (9th Cir. 1991); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986)).
discussed Cited as authority (rule) (PC) Michel v. Weiss
E.D. Cal. · 2022 · confidence medium
See Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) (“[W]hen a 17 prisoner is moved from a prison, his action [for injunctive relief] will usually become moot as to 18 conditions at that particular facility” (citing Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 19 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) (per curiam) (claims for injunctive 20 relief related to conditions of confinement were moot where prisoner was transferred to another 21 facility and “demonstrated no reasonable expectation of returning to [the original facility].” 22 (citing Darring v. Kinche…
discussed Cited as authority (rule) (PC) Cortinas v. Neel
E.D. Cal. · 2022 · confidence medium
See Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) (“[W]hen a prisoner is 28 moved from a prison, his action [for injunctive relief] will usually become moot as to conditions 1 at that particular facility” (citing Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995))); 2 Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) (per curiam) (claims for injunctive relief 3 related to conditions of confinement were moot where prisoner was transferred to another facility 4 and “demonstrated no reasonable expectation of returning to [the original facility].” (citing 5 Darring v. Kincheloe, …
discussed Cited as authority (rule) Kister v. Lightner (INMATE 2)
M.D. Ala. · 2022 · confidence medium
In Saladin v. Milledgeville, 812 F.2d 687, 693 (11th Cir. 1987) (citations omitted), the Eleventh Circuit Court of Appeals determined “[a] case is moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome of the litigation, such as where there is no reasonable expectation that the violation will occur again or where interim relief or events have eradicated the effects of the alleged violation.” See also Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986) (explaining that after an inmate is transferred, there is neither a �…
discussed Cited as authority (rule) (PC) Dennis v. Kernan
E.D. Cal. · 2021 · confidence medium
See Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) (“[W]hen a prisoner is moved 11 from a prison, his action [for injunctive relief] will usually become moot as to conditions at that 12 particular facility” (citing Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995))); Johnson v. 13 Moore, 948 F.2d 517, 519 (9th Cir. 1991) (per curiam) (claims for injunctive relief related to 14 conditions of confinement were moot where prisoner was transferred to another facility and 15 “demonstrated no reasonable expectation of returning to [the original facility].” (citing Darring v. 16 Kinche…
discussed Cited as authority (rule) (PC) Arrant v. Santoro
E.D. Cal. · 2020 · confidence medium
Nelson v. Heiss, 12 271 F.3d 891, 897 (9th Cir. 2001) (“[W]hen a prisoner is moved from a prison, his action will usually 13 become moot as to conditions at that particular facility” (citing Dilley v. Gunn, 64 F.3d 1365 , 1368-69 14 (9th Cir. 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) (claims for injunctive relief 15 related to conditions of confinement were moot where prisoner was transferred to another facility and 16 “demonstrated no reasonable expectation of returning to [the original facility].” (citing Darring v. 17 Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986)))…
discussed Cited as authority (rule) (PC) Barth v. Crume
E.D. Cal. · 2020 · confidence medium
Nelson v. Heiss, 271 F.3d 891 , 8 897 (9th Cir. 2001) (“[W]hen a prisoner is moved from a prison, his action will usually become 9 moot as to conditions at that particular facility” (citing Dilley v. Gunn, 64 F.3d 1365 , 1368-69 10 (9th Cir. 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) (claims for injunctive 11 relief related to conditions of confinement were moot where prisoner was transferred to another 12 facility and “demonstrated no reasonable expectation of returning to [the original facility].” 13 (citing Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986))).
cited Cited as authority (rule) Pedro Rodriguez v. Neil McDowell
C.D. Cal. · 2020 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
discussed Cited as authority (rule) (PC) Garrett v. Baker
E.D. Cal. · 2019 · confidence medium
Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) (“[W]hen a prisoner is moved from a 14 prison, his action will usually become moot as to conditions at that particular facility” (citing 15 Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995))); Johnson v. Moore, 948 F.2d 517 , 519 16 (9th Cir. 1991) (claims for injunctive relief related to conditions of confinement were moot where 17 prisoner was transferred to another facility and “demonstrated no reasonable expectation of 18 returning to [the original facility].” (citing Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 19 1986)))…
cited Cited as authority (rule) Ontario Food and Beverage, LLC v. Christine Baker
9th Cir. · 2019 · confidence medium
Gun Rights Comm. v. Reno, 98 F.3d 1121 , 1127–28 (9th Cir. 1996); Darring v. 3 Kincheloe, 783 F.2d 874, 877 (9th Cir. 1986).
discussed Cited as authority (rule) (PC) O'Connor v. J. Lizarraga
E.D. Cal. · 2019 · confidence medium
Murphy v. Hunt, 455 U.S. 14 at 482 (“The Court has never held that a mere physical or theoretical possibility was sufficient to 15 satisfy the test stated in Weinstein.”); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986) 16 (claim for injunctive relief moot after plaintiff transferred to different prison); Wiggins v. Rushen, 17 760 F.2d 1009, 1011 (9th Cir. 1985) (possibility of transfer back to prison where claims arose not 18 sufficient to overcome mootness). 19 Accordingly, the undersigned recommends that defendants’ motion to dismiss plaintiff’s 20 injunctive relief claims a…
cited Cited as authority (rule) (PC) Davidson v. Sullivan
E.D. Cal. · 2019 · confidence medium
See Shilling v. Crawford, 377 F. App'x 23 702, 704 (9th Cir. 2010); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
discussed Cited as authority (rule) (PC) Hunt v. Lewis
E.D. Cal. · 2019 · confidence medium
Nelson 3 v. Heiss, 271 F.3d 891, 897 (9th Cir. 2001) (“[W]hen a prisoner is moved from a prison, his 4 action will usually become moot as to conditions at that particular facility” (citing Dilley v. Gunn, 5 64 F.3d 1365, 1368-69 (9th Cir. 1995))); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991) 6 (claims for injunctive relief related to conditions of confinement were moot where prisoner was 7 transferred to another facility and “demonstrated no reasonable expectation of returning to [the 8 original facility].” (citing Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986))).
discussed Cited as authority (rule) (PC) Howze v. Orozco
E.D. Cal. · 2019 · confidence medium
Murphy, 455 U.S. at 482 13 (“The Court has never held that a mere physical or theoretical possibility was sufficient to satisfy 14 the test stated in Weinstein.”); Darring, 783 F.2d at 876 (claim for injunctive relief moot after 15 plaintiff transferred to different prison); Wiggins v. Rushen, 760 F.2d 1009, 1011 (9th Cir. 1985) 16 (possibility of transfer back to prison where claims arose not sufficient to overcome mootness). 17 Plaintiff’s claims for injunctive relief are therefore moot and should be dismissed. 18 D.
discussed Cited as authority (rule) (PC) Azdar v. Wreston
E.D. Cal. · 2019 · confidence medium
Thus, the federal court’s jurisdiction is limited in nature and 15 its power to issue equitable orders may not go beyond what is necessary to correct the underlying 16 constitutional violations which form the actual case or controversy. 18 U.S.C. § 3626 (a)(1)(A); 17 Summers v. Earth Island Institute, 555 U.S. 488, 493 (2009); City of Los Angeles v. Lyons, 461 18 U.S. 95, 101 (1983); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). 19 Prisoners who have been released from prison or transferred to a different prison may not 20 sue for injunctive relief, because they would no lon…
cited Cited as authority (rule) Faiupu Myers v. Checksmart Financial, LLC
9th Cir. · 2017 · confidence medium
Reviewing de novo, see Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986), we reverse and remand for further proceedings. 1.
cited Cited as authority (rule) Raymond Padilla v. State of Nevada Dept. of Corrections
9th Cir. · 2013 · confidence medium
Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir.1995); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir.1991) (per curiam); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
cited Cited as authority (rule) Rause v. Paperchine, Inc.
D. Ariz. · 2010 · confidence medium
See Fed.R.Civ.P. 56(c); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986).
discussed Cited as authority (rule) Wolfson v. Brammer (2×)
9th Cir. · 2010 · confidence medium
See Portman, 995 F.2d at 902 (speculative injuries are not ripe for review); Darring v. Kincheloe, 783 F.2d 874, 877 (9th Cir.1986) ("imaginary or speculative" fears of prosecution are not ripe), quoting Younger v. Harris, 401 U.S. 37, 42 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971).
discussed Cited as authority (rule) Rupe v. Cate
E.D. Cal. · 2010 · confidence medium
See Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir.1995) (citing Preiser v. Newkirk, 422 U.S. 395, 402-03 , 95 S.Ct. 2330 , 45 L.Ed.2d 272 (1975); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir.1991); and Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986)).
discussed Cited as authority (rule) Ching Yee Wong v. Napolitano
D. Or. · 2009 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 877 (9th Cir.1986), citing Younger v. Harris, 401 U.S. 37, 42 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971); see also Lujan, 504 U.S. at 559-60 , 112 S.Ct. 2130 (injury must be “actual or imminent, not conjectural or hypothetical”).
cited Cited as authority (rule) Cockcroft v. Kirkland
N.D. Cal. · 2008 · confidence medium
See Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir.1995); Darring v. Kincheloe, 783 F.2d 874, 876-77 (9th Cir.1986).
cited Cited as authority (rule) Walker v. Woodford
S.D. Cal. · 2006 · confidence medium
Johnson v. Moore, 948 F.2d 517, 519 (9th Cir.1991). (citing Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986)).
discussed Cited as authority (rule) Howard v. City of Milton
9th Cir. · 2003 · confidence medium
See Central Delta Water Agency v. United States, 306 F.3d 938, 947 (9th Cir.2002) (noting that “the possibility of future injury may be sufficient to confer standing”); Darring v. Kincheloe, 783 F.2d 874, 877 (9th Cir.1986) (stating that actual prosecution is not required to confer standing, and that intention to engage in course of conduct proscribed by a statute could show credible threat of prosecution).
examined Cited as authority (rule) 99 Cal. Daily Op. Serv. 414, 99 Daily Journal D.A.R. 1005, 99 Daily Journal D.A.R. 506, 99 Daily Journal D.A.R. 611 Kevin Thomas and Joyce Baker v. Anchorage Equal Rights Commission and the Municipality of Anchorage, and Paula Haley in Her Official Capacity as the Executive Director of the Alaska State Commission for Human Rights, Kevin Thomas and Joyce Baker v. Anchorage Equal Rights Commission and the Municipality of Anchorage, and Paula Haley in Her Official Capacity as the Executive Director of the Alaska State Commission for Human Rights (3×) also: Cited "see"
9th Cir. · 1999 · confidence medium
If this was sufficient to render the claim justiciable in Adult Video Ass'n, Thomas and Baker's claim must similarly be justiciable because they do not rely upon the mere possibility that "enforcement practices may change"--the anti-discrimination laws they challenge have been and are presently being enforced. 10 The Supreme Court has held that when plaintiffs like Thomas and Baker wish to engage in conduct proscribed by statutes, they may challenge those statutes prior to enforcement where their fear of enforcement or the alleged threats of enforcement are "not imaginary or wholly speculative…
examined Cited as authority (rule) Thomas v. Anchorage Equal Rights Commission (3×) also: Cited "see"
9th Cir. · 1999 · confidence medium
The Supreme Court has held that when plaintiffs like Thomas and Baker wish to engage in conduct proscribed by statutes, they may challenge those statutes prior to enforcement where their fear of enforcement or the alleged threats of enforcement are “not imaginary or wholly speculative.” Babbitt, 442 U.S. at 302 , 99 S.Ct. 2301 ; see also Adult Video Ass’n, 960 F.2d at 785 (concluding that claim was justiciable because “apprehension” concerning enforcement was “reasonable”); Darring v. Kincheloe, 783 F.2d 874, 877 (9th Cir.1986) (“[A]n ‘imaginary or speculative’ fear of pros…
cited Cited as authority (rule) Mission Resources, Inc.-II v. Texaco Inc.
9th Cir. · 1996 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986).
cited Cited as authority (rule) Silva v. Smith's Pacific Shrimp, Inc. (In Re Silva)
9th Cir. BAP · 1995 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986).
cited Cited as authority (rule) Dana K. Ferrell, an Individual v. The County of San Diego, a California Public Entity the County of San Diego Board of Supervisors, a California Public Entity
9th Cir. · 1995 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986) We may affirm the district court's decision on any grounds finding support in the record.
discussed Cited as authority (rule) Daniel DILLEY, Plaintiff-Appellee, v. Bryan S. GUNN, Warden; Norma Wells; Sgt. Butler; B. Schelke, Defendants-Appellants (2×)
9th Cir. · 1995 · confidence medium
Preiser v. Newkirk, 422 U.S. 395, 402-03 , 95 S.Ct. 2330, 2334-35 , 45 L.Ed.2d 272 (1975); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir.1991); Barring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986).
cited Cited as authority (rule) Constance Malmin v. Kay Manweiler, Boise State Bar, Individuals: Does I - X, Inclusive, Roes I - X, Inclusive
9th Cir. · 1995 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
cited Cited as authority (rule) Louise Tavares v. Donna E. Shalala, Secretary of Health and Human Services
9th Cir. · 1995 · confidence medium
Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
cited Cited as authority (rule) Romaner J. Strong, Jr. v. Judicial Review Monterey Peninsula, Monterey Peninsula College Monterey Peninsula College
9th Cir. · 1995 · confidence medium
Daring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
cited Cited as authority (rule) John Stanley Steffen v. B.J. Bunnnell, Superintendent
9th Cir. · 1995 · confidence medium
See Sample v. Borg, 870 F.2d 563, 563 (9th Cir. 1989) (order); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986).
Retrieving the full opinion text from the archive…
David D. DARRING, Plaintiff-Appellant,
v.
Larry KINCHELOE, Superintendent of the Washington State Penitentiary, Defendant-Appellee
84-4228.
Court of Appeals for the Ninth Circuit.
Feb 24, 1986.
783 F.2d 874
1986 U.S. App. LEXIS 22194
David D. Darring, in pro. per., Carol A. Smith, Asst. Atty. Gen., Olympia, Wash., for defendant-appellee.
Barnes, Farris, Canby.
Cited by 437 opinions  |  Published
BARNES, Senior Circuit Judge:

David Darring (“Darring”), a former prisoner and “jailhouse” lawyer at the Washington State Penitentiary in Walla Walla, Washington, appeals the district court’s dismissal of his pro se, section 1983 action requesting injunctive relief and damages against the state prison superintendent. The district court granted the superintendent’s motion for summary judgment, finding that Darring’s request was moot because he had been transferred from the penitentiary at Walla Walla to another facility. We affirm.

I.

Darring filed this action pursuant to 42 U.S.C. § 1983 on April 16, 1984. His initial complaint, which was dismissed by the district court, [1] alleged that an Institutional Order [2] which was promulgated by the Washington State Penitentiary, violated[*876] Darring’s constitutional right to meaningful access to the courts.

On April 19, 1984, Darring filed an amended complaint, naming prison Superintendent Kincheloe. Darring challenged the same Institutional Order in his amended complaint, and sought damages and injunctive relief. Although his arguments challenging the Institutional Order are somewhat unclear, we must liberally construe Darring’s pro se claims. See, e.g., Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976); Jones v. Community Redevelopment Agency, 733 F.2d 646, 649 (9th Cir.1984).

We interpret Darring’s arguments to be (1) his own rights to free communication and access to the courts are impaired by the institutional order, and (2) other inmates are deprived of their rights of access to the courts as a result of the order.

Superintendent Kincheloe filed a motion for summary judgment on August 6, 1984. Darring then filed a cross-motion for summary judgment. The district court granted Kincheloe’s motion for summary judgment, denied Darring’s cross-motion, and dismissed the complaint with prejudice on September 28, 1984. Darring timely appeals.

II.

The issue presented on appeal is whether the district court properly dismissed Darring’s action, finding that (1) the claim for injunctive relief was moot, and (2) the claim for damages failed to satisfy the “case or controversy” requirement of Article III.

We review a grant of summary judgment de novo. Lojek v. Thomas, 716 F.2d 675, 677 (9th Cir.1983) [3] . Our review is governed by the same standard used by the trial court under Fed.R.Civ.P. 56(c), Twentieth Century-Fox Film Corp. v. MCA Inc., 715 F.2d 1327, 1328 (9th Cir.1983), and we must determine whether there is any issue of material fact and whether the substantive law was correctly applied. Amaro v. Continental Can Co., 724 F.2d 747, 749 (9th Cir.1984); Lojek, 716 F.2d at 677.

A. Claim for Injunctive Relief.

Darring was transferred from the State Penitentiary at Walla Walla to the McNeil Island Corrections Center on July 26, 1984. The district court found that there is neither a “reasonable expectation” nor “demonstrated probability” that Darring will again return to the State Penitentiary. Because of this, the court found that it is unlikely he will ever again be subject to I.O. 146.041. [4] We agree with the district court, that because of this, Darring’s claim for injunctive relief is moot. See Murphy v. Hunt, 455 U.S. 478, 482, 102 S.Ct. 1181, 1183, 71 L.Ed.2d 353 (1982).

B. Claim for Damages

The district court rejected Darring’s damage claim on the ground that he failed to satisfy the “case or controversy” requirement of Article III. The court found that Darring had failed to come forward with sufficient facts to show that he had suffered any “actual injury” as a result of the Institutional Order. Thus, the court concluded that there was no justiciable case. We agree.

Darring here argues that he does not need to show that he has suffered any actual injury, but only that the threat of injury to. his rights resulting from the institutional order was sufficient to meet the “case or controversy” requirement. He also argues that he has third-party standing to object to the challenged order because it interferes with other inmates’ rights of access to the courts. We reject both arguments.

1. Personal Standing to Challenge the Order.

We apply a two prong test in order to determine whether Darring has met the “case or controversy” requirement. In or[*877] der to have standing to challenge the constitutionality of the institutional order as it affects him personally, Darring must show (1) injury in fact, and (2) causality.

First, Darring must demonstrate that he has a “personal stake in the outcome” of a case to guarantee the “concrete adverseness which sharpens the presentation of issues” necessary for proper resolution of constitutional questions. Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962); see also N.A.A.C.P. v. City of Richmond, 743 F.2d 1346, 1350 (9th Cir.1984).

Secondly; Darring must “show that he personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant,” and that the injury “fairly can be traced to the challenged action” and “is likely to be redressed by a favorable decision.” Valley Forge Christian College v. Americans United, 454 U.S. 464, 472, 102 S.Ct. 752, 758, 70 L.Ed.2d 700 (1982). We hold that Darring failed to show “injury in fact,” or one likely to be redressed by a favorable decision.

A threatened injury may be justiciable, see Valley Forge, 454 U.S. at 472, 102 S.Ct. at 758, and a plaintiff is not required to undergo prosecution as the sole means of seeking relief where he has alleged an intention to engage in a course of conduct that is arguably affected with a constitutional interest but proscribed by a statute, and there exists a credible threat of prosecution thereunder. Doe v. Bolton, 410 U.S. 179, 188, 93 S.Ct. 739, 745, 35 L.Ed.2d 201 (1973). Nonetheless, an “imaginary or speculative” fear of prosecution is not enough. Younger v. Harris, 401 U.S. 37, 42, 91 S.Ct. 746, 749, 27 L.Ed.2d 669 (1971).

We find that the threat of punishment Darring faced was not sufficient to meet the “injury in fact” requirement. He has failed to show that he, or anyone else, was ever “threatened with prosecution, that a prosecution is likely, or even that a prosecution is remotely possible.” Younger v. Harris, 401 U.S. at 42, 91 S.Ct. at 749. Furthermore, since he has been transferred from Walla Walla, Darring is no longer subject to I.O. 146.041, nor will he suffer any deprivation from enforcement of the order.

Thus, Darring has failed to “allege such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.” Baker v. Carr, 369 U.S. at 204, 82 S.Ct. at 703.

2. Third Party Standing.

The federal courts have historically been reluctant to recognize third-party standing. See e.g., Tileston v. Ullman, 318 U.S. 44, 63 S.Ct. 493, 87 L.Ed. 603 (1943); Poe v. Ullman, 367 U.S. 497, 81 S.Ct. 1752, 6 L.Ed.2d 989 (1961). Nonetheless, the courts have gradually recognized exceptions to the general rule disfavoring third-party standing, particularly where plaintiffs, who assert the rights of others, are themselves putative defendants who might be charged with violating a statute, ordinance or regulation. See e.g., Craig v. Boren, 429 U.S. 190, 97 S.Ct. 451, 50 L.Ed.2d 397 (1976) (vendor of 3.2% beer entitled to assert equal protection claim of males between 18 and 21 years of age); Village of Belle Terre v. Boraas, 416 U.S. 1, 94 S.Ct. 1536, 39 L.Ed.2d 797 (1974) (landlords had standing to assert tenants’ rights of association and travel); Doe v. Bolton, 410 U.S. 179, 93 S.Ct. 739, 35 L.Ed.2d 201 (1973) (physicians, against whom anti-abortion statutes directly operate, have standing to raise rights of patients).

In all the cases cited above, the challenged regulations or activities resulted in actual or threatened injury to the plaintiffs even though the activites infringed the constitutional rights of only third parties. Plaintiffs, therefore, had standing by reason of their own injuries to raise the third-party constitutional challenges. As we have just explained, however, Darring has suffered no legally cognizable injury from the prison regulation at issue. He[*878] therefore lacks standing to maintain this action, and cannot assert third-party rights pursuant to the holdings in Craig, Belle Terre and Bolton.

Because Darring has failed to demonstrate injury-in-fact, it becomes unnecessary to determine whether he also fails to meet prudential standing requirements. See Association of Data Processing Service Orgs., Inc., 397 U.S. 150, 152, 90 S.Ct. 827, 829, 25 L.Ed.2d 184 (1970).

III.

For the reasons set forth above, the judgment of the district court is affirmed.

1

. The district court found that the only defendants named in this complaint, the Washington State Penitentiary and the Washington Department of Corrections, were not "persons” within the meaning of 42 U.S.C. § 1983, and therefore not amenable to suit.

2

. The Institutional Order to which Darring objects, I.O. 146.041, which became effective December 1, 1983, states: Inmates are prohibited from having in their possession personal property and/or legal materials belonging to another inmate. Inmates found in possession of such personal property and/or material shall receive an infraction for violating WAC 275-88-025(053) and the material and/or property shall be confiscated.

3

. The Attorney General of Washington argues that the appropriate standard of review is "abuse of discretion.” We disagree.

4

. See note 2, supra.