Nomi v. The Regents For The Univ. Of Minnesota, 5 F.3d 332 (8th Cir. 1993). · Go Syfert
Nomi v. The Regents For The Univ. Of Minnesota, 5 F.3d 332 (8th Cir. 1993). Cases Citing This Book View Copy Cite
16 citation events (7 in the last 25 years) across 8 distinct courts.
Strongest positive: (PC) Mooney v. Macias-Carrillo (caed, 2024-01-19)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) (PC) Mooney v. Macias-Carrillo
E.D. Cal. · 2024 · confidence medium
Sanchez v. Veld, 891 F.2d 240, 242 (9th Cir. 28 1989). 1 Here, the FAC does not set forth facts indicating that Defendants Macias-Carillo and 2 Green’s diagnosis and treatment were “medically unacceptable under the circumstances.” Given 3 that Plaintiff’s lab report showed no infection, Green’s decision not to treat Plaintiff for a UTI 4 was not made “in conscious disregard of an excessive risk” to Plaintiff’s health.” Jackson, 90 5 F.3d at 332.
discussed Cited as authority (rule) Schanou v. Lancaster County School District No. 160
8th Cir. · 1995 · confidence medium
Network v. Pena, 42 F.3d 1169 , 1172 (8th Cir.1994) (“When a case on appeal no longer presents an actual ongoing case or controversy, the ease is moot and the fedefal court no longer has jurisdiction to hear it.”); Nomi v. Regents for the University of Minnesota, 5 F.3d 332, 334 (8th Cir.1993) (Nomi) (same).
discussed Cited as authority (rule) Charles Schanou v. Lancaster County School District No. 160
8th Cir. · 1995 · confidence medium
Network v. Pena, 42 F.3d 1169 , 1172 (8th Cir.1994) ("When a case on appeal no longer presents an actual ongoing case or controversy, the case is moot and the federal court no longer has jurisdiction to hear it."); Nomi v. Regents for the University of Minnesota, 5 F.3d 332, 334 (8th Cir.1993) (Nomi ) (same).
discussed Cited "see, e.g." McCorvey v. Hill (2×)
5th Cir. · 2004 · signal: see, e.g. · confidence low
See, e.g., Nomi v. Regents of Univ. of Minn., 5 F.3d 332 , 334 (8th Cir.1993). 9 The mootness doctrine "ensures that the litigant's interest in the outcome continues to exist throughout the life of the lawsuit ... including the pendency of the appeal." Cook v. Colgate, 992 F.2d 17, 19 (2d Cir.1993) (citing United States Parole Comm'n v. Geraghty, 445 U.S. 388, 395 , 100 S.Ct. 1202, 1209 , 63 L.Ed.2d 479 (1980)) (other citations omitted); see also Rocky v. King, 900 F.2d 864, 866 (5th Cir.1990) (controversy must remain "live" throughout the litigation process).
Retrieving the full opinion text from the archive…
Brian Nomi
v.
The Regents for the University of Minnesota Wendell R. Anderson, Regent M. Elizabeth Craig, Regent Jean B. Keffeler, Regent Elton A. Kuderer, Regent H. Bryan Neel, Regent Alan C. Page, Regent Mary J. Page, Regent Thomas R. Reagan, Regent David K. Roe, Regent Darrin M. Rosha, Regent Stanley D. Sahlstrom, Regent Ann J. Wynia, Regent Nils Hasselmo, President Barbara J. Muesing, Executive Director Kenneth L. Janzen, Associate Executive Director in Their Official Capacity as Members of the Regents for the University of Minnesota
92-2901.
Court of Appeals for the Eighth Circuit.
Sep 21, 1993.
5 F.3d 332
1993 U.S. App. LEXIS 24081
Published

5 F.3d 332

62 USLW 2200, 85 Ed. Law Rep. 1017

Brian NOMI, Appellant,
v.
The REGENTS FOR the UNIVERSITY OF MINNESOTA; Wendell R.
Anderson, Regent; M. Elizabeth Craig, Regent; Jean B.
Keffeler, Regent; Elton A. Kuderer, Regent; H. Bryan Neel,
Regent; Alan C. Page, Regent; Mary J. Page, Regent;
Thomas R. Reagan, Regent; David K. Roe, Regent; Darrin M.
Rosha, Regent; Stanley D. Sahlstrom, Regent; Ann J. Wynia,
Regent; Nils Hasselmo, President; Barbara J. Muesing,
Executive Director; Kenneth L. Janzen, Associate Executive
Director; in their official capacity as members of the
Regents for the University of Minnesota, Appellees.

No. 92-2901.

United States Court of Appeals,
Eighth Circuit.

Submitted May 12, 1993.
Decided Sept. 21, 1993.

Brian Nomi (law student) and Gary L. Huusko (attorney), Minneapolis, MN, argued, for appellant.

Mark B. Rotenberg, Minneapolis, MN, argued (Kathryn F. Brown, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, JOHN R. GIBSON and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

[*~332]1

Brian Nomi appeals the district court's[1] entry of summary judgment for the Regents of the University of Minnesota on Nomi's 42 U.S.C. Sec. 1983 (1988) claim alleging violation of the freedom of speech, U.S. Const. Am. I and XIV. Nomi v. Regents for the University of Minnesota, 796 F.Supp. 412 (D.Minn.1992). Nomi's claim is based on the University policy forbidding any potential employer from recruiting on campus unless he signs a document agreeing to abide by a University policy that "all persons shall have equal access to [University] programs, facilities, and employment[2] without regard to race, religion, color, sex, national origin, handicap, age, veteran status, or sexual orientation." (emphasis added). Under this policy the University prohibits recruiting activities at its law school by the United States armed forces, which, at the time the suit was filed, would not agree to extend equal employment opportunities to homosexuals.[3] When he filed this lawsuit, Nomi was a law student who wished to have on-campus military recruiting available to him, and he asserts that the law school stifled his efforts to bring military recruiters to campus. Nomi has now graduated from law school and we conclude that the case is moot. We vacate the district court's judgment and remand with directions to dismiss.

2

Inherent in this case are thorny First Amendment and standing questions. Nomi was a Second Lieutenant in the Army Reserve on inactive status. Whether a student who is an Army officer has standing to complain about obstacles to recruitment on campus raises serious standing questions. However, we need not embroil ourselves in these questions, for Nomi's case is moot.

3

Nomi graduated from law school after oral argument in this case. Nomi seeks injunctive, prospective relief. Whatever injury he may have suffered as a student, we can no longer grant him relief. SeeMcFarlin v. Newport Special School Dist., 980 F.2d 1208, 1210 (8th Cir.1992). A case must remain live through all stages of appeal. Iron Cloud v. Sullivan, 984 F.2d 241, 243 (8th Cir.1993).

4

Nomi claims that he continues to suffer injury because as a law school alumnus, "[h]e may still request employer recruitment information [from the law school placement office], and he will still be denied employment information due to the University's unconstitutional policy." This nebulous assertion does not establish standing for summary judgment purposes. "Such 'some day' intentions--without any description of concrete plans, or indeed even any specification of when the some day will be--do not support a finding of the 'actual or imminent' injury that our [standing] cases require." Lujan v. Defenders of Wildlife, --- U.S. ----, ----, 112 S.Ct. 2130, 2138, 119 L.Ed.2d 351 (1992).

5

Nomi also argues that his injury is "capable of repetition, yet evading review," because the three years of law school is not sufficient time for a case like his to make its way through the courts. Nomi will not attend law school again, and so the injury is not capable of repetition with regard to him. SeeDeFunis v. Odegaard, 416 U.S. 312, 319, 94 S.Ct. 1704, 1707, 40 L.Ed.2d 164 (1974) (Graduating law student "will never again be required to run the gantlet of the Law School's admission process, and so the question [of constitutional defects in the process] is certainly not 'capable of repetition' so far as he is concerned."). Injury to someone else does not bring Nomi within the doctrine he is trying to invoke. McFarlin, 980 F.2d at 1211.

[*~333]6

Therefore, we hold the case moot, vacate the judgment below, and remand to the district court with directions to dismiss the complaint. SeeUnited States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).

1

The Honorable Harry H. MacLaughlin, Senior District Judge for the District of Minnesota

2

Read literally, the policy only requires equal access to university employment. However, the University interprets the policy to require third-party employers to assure equal opportunity to the listed groups

3

While Nomi stated at oral argument that military employers have various physical requirements that would prohibit hiring of handicapped persons or any person over 29 years of age, the University's only objection to the military recruiters was the question of sexual orientation