At page 1147 “a case becomes moot when the dispute between the parties no longer rages, or when one of the parties loses his personal interest in the outcome of the suit.”39 citing cases
- Kyles v. Beaugard, No. 1:15-cv-08895 (N.D. Ill. Feb. 6, 2023).(Where the plaintiff no longer has a personal stake in the case, the Court has no subject-matter jurisdiction, because the case is moot.)
- Wendell H. Stone Co. v. Metal Partners Rebar, LLC, 318 F.R.D. 343 (N.D. Ill. 2016). (A ease becomes moot when the dispute between the parties no longer rages, or when one of the parties loses his personal interest in the outcome of the suit.)
- Yeager v. Off. of the State Appellate Def., No. 3:21-cv-00245-SMY (S.D. Ill. Aug. 19, 2021). Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994).
- DynCorp Int'l, LLC, No. ASBCA No. 62227 (A.S.B.C.A. Aug. 28, 2020).Cir. 2007); Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994), cited in Rothe Dev.
- Hudson v. Zeettergren, No. 1:17-cv-07493 (N.D. Ill. Apr. 8, 2020).Nor has he alleged an ongoing or imminent harm.3 Although an exception exists for actions that are “capable of 3 To the extent Hudson claims harm from the City’s impoundment of his car, the record does not support a finding that other reme…
- Haney v. Bridge to Life, LTD., a Wyoming Corp., No. 1:18-cv-05417 (N.D. Ill. Mar. 24, 2020).A case becomes moot when the dispute between the parties no longer rages . . . .” Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994).
- Henly v. Biloxi H.M.A., LLC, No. 1:19-cv-00544 (S.D. Miss. Jan. 3, 2020).Id. (explaining the Seventh Circuit rule established in Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994)).
- Epps v. Wal-Mart Stores, Inc., 307 F.R.D. 487 (E.D. Ark. 2015).On appeal, following Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994), the Seventh Circuit declined to adopt what it characterized as a potential class-action exception to the mootness doctrine, which would allow a plaintiff…
- Hermida v. Archstone, 950 F. Supp. 2d 298 (D. Mass. 2013).(holding that when an offer of judgment constitutes full relief for the plaintiff's substantive claims, the plaintiff ceases to have a personal stake in the case and the court lacks jurisdiction)
- Scott v. Westlake Servs., LLC, 948 F. Supp. 2d 898 (N.D. Ill. 2013). Inc., 474 Fed.Appx. 482, 484 (7th Cir.2012) (citing Thorogood v. Sears, Roebuck & Co., 595 F.3d 750, 752-53 (7th Cir.2010); Gates v. Towery, 430 F.3d 429, 431-32 (7th Cir.2005); Holstein v. City of Chi., 29 F.3d 1145, 1147 (7th Cir.1994);…
Show 29 more citing cases
- White v. Ally Fin. Inc., 969 F. Supp. 2d 451 (S.D.W. Va 2013).Holstein v. City of Chicago, 29 F.3d 1145, 1147-48 (7th Cir.1994); Greisz v. Household Bank (Ill.), N.A., 176 F.3d 1012, 1015 (7th Cir.1999); Gates v. City of Chicago, 623 F.3d 389, 412-13 (7th Cir.2010).
- Roger Alswager v. Rocky Mountain Instr, No. 11-3632 (7th Cir. Apr. 5, 2012).Thorogood v. Sears, Roebuck & Co., 595 F.3d 750 , 752–53 (7th Cir. 2010); Gates v. Towery, 430 F.3d 429 , 431–32 (7th Cir. 2005); Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994); Rand v. Monsanto Co., 926 F.2d 596, 598 (7th…
- Alswager v. Rocky Mountain Instrumental Labs., Inc., 474 F. App'x 482 (7th Cir. 2012).Thorogood v. Sears, Roebuck & Co., 595 F.3d 750, 752-53 (7th Cir.2010); Gates v. Towery, 430 F.3d 429, 431-32 (7th Cir.2005); Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994); Rand, v. Monsanto Co., 926 F.2d 596, 598 (7th Cir…
- Krzykwa v. Phusion Projects, LLC, 920 F. Supp. 2d 1279 (S.D. Fla. 2012). Id. at 895 (citing Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994)).
- Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011).Under Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994), Clearwire’s offer mooted Damasco’s claim.
- Breneisen v. Motorola, Inc., 656 F.3d 701 (7th Cir. 2011).As this court held in Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994), “[o]nce the defendant offers to satisfy the plaintiffs entire demand, there is no dispute over which to litigate, and a plaintiff who refuses to acknowle…
- Lisa Pakovich v. Verizon LTD plan, No. 10-1889 (7th Cir. July 22, 2011).(finding a claim moot where the defendant offered the plaintiff all damages to which he was entitled)
- Pakovich v. Verizon LTD Plan, 653 F.3d 488 (7th Cir. 2011).(finding a claim moot where the defendant offered the plaintiff all damages to which he was entitled)
- Van Tassell v. United Mktg. Grp., LLC, 795 F. Supp. 2d 770 (N.D. Ill. 2011).It is well settled that “[a] dispute becomes moot when the dispute between the parties no longer rages, or when one of the parties loses his personal interest in the outcome of the suit.” Holstein v. City of Chi, 29 F.3d 1145, 1147 (7th Ci…
- Gomez v. Campbell-ewald Co., 805 F. Supp. 2d 923 (C.D. Cal. 2011).While the Seventh Circuit has recognized exceptions to the general rule that precludes a person from litigating a class action after his personal claim is extinguished, i.e., the inherently transitory claim and the claim "capable of repeti…
- Radha Geismann, M.D., P.C. v. Allscripts Healthcare Solutions, Inc., 764 F. Supp. 2d 957 (N.D. Ill. 2011). A federal court loses jurisdiction when the controversy becomes moot, which occurs “when the dispute between the parties no longer rages, or when one of the parties loses his personal stake in the outcome of the suit.” Holstein v. City of…
- Wilder Chiropractic, Inc. v. Pizza Hut of S. Wisconsin, Inc., 754 F. Supp. 2d 1009 (W.D. Wis. 2010).(plaintiff “may not spurn this offer of all the damages he is owed and proceed to trial)
- Gates v. City of Chicago, 623 F.3d 389 (7th Cir. 2010).Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994).
- Martin v. PPP, INC., 719 F. Supp. 2d 967 (N.D. Ill. 2010).“Article III of the United States Constitution confers on the federal courts jurisdiction over cases and controversies.” Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994).
- Semitekol v. Monaco Coach Corp., 582 F. Supp. 2d 1009 (N.D. Ill. 2008).Dometic moves to dismiss the claim against it on the ground that on December 19, 2007, they served the plaintiffs with an offer of judgment under Fed.R.Civ.P. 68 for $2,901.00, “plus a sum equal to the aggregate amount of the costs and exp…
- Taylor v. XM Satellite Radio, Inc., 533 F. Supp. 2d 1151 (N.D. Ala. 2007). Thus, “[a] case becomes moot when the dispute between the parties no longer rages, or when one of the parties loses his personal interest in the outcome of the suit.” Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994).
- St. John's United Church of Christ v. City of Chicago, 502 F.3d 616 (7th Cir. 2007). Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994).
- St. John's United v. City of Chicago, No. 05-4418 (7th Cir. Sept. 13, 2007).Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994).
- Thomas v. Law Firm of Simpson & Cybak, 244 F. App'x 741 (7th Cir. 2007).“A case becomes moot when the dispute between the parties no longer rages, or when one of the parties loses his personal interest in the outcome of the suit.” Holstein v. City of Chi, 29 F.3d 1145, 1147 (7th Cir.1994).
- Covenant Media of Illinois, L.L.C. v. City of Des Plaines, 476 F. Supp. 2d 967 (N.D. Ill. 2007).A case becomes moot, however, “when the dispute between the parties no longer rages, or when one of the parties loses his personal interest in the outcome of the suit.” Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994).
- Gates v. Towery, 456 F. Supp. 2d 953 (N.D. Ill. 2006).Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994) (citing U.S. Parole Comm’n v. Geraghty, 445 U.S. 388, 395 , 100 S.Ct. 1202 , 63 L.Ed.2d 479 (1980)).
- Elton Gates & Luster Nelson, Individually & on Behalf of a Class v. B. Towery, 430 F.3d 429 (7th Cir. 2005).Cf. Deposit Guaranty National Bank v. Roper, 445 U.S. 326 , 100 S.Ct. 1166 , 63 L.Ed.2d 427 (1980); Holstein v. Chicago, 29 F.3d 1145, 1147 (7th Cir.1994).
- Gates, Elton v. Towery, Officer B., No. 05-1079 (7th Cir. Nov. 29, 2005).Cf. Deposit Guaranty National Bank v. Roper, 445 U.S. 326 (1980); Holstein v. Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994).
- Rothe Dev. Corp. v. Dep't of Def., 413 F.3d 1327 (Fed. Cir. 2005). (Once the defendant offers to satisfy the plaintiffs entire demand, there is no dispute over which to litigate .... ” (internal quotation omitted))
- Weiss v. Regal Collections, No. 03-4033 (3d Cir. Sept. 29, 2004).(finding case moot where plaintiff by private attorney generals. See S. Rep. did not move for class certification before No. 95-382 p.5 (describing FDCPA as “evaporation of his personal stake”). “self-enforcing)
- Creveling v. Gov't Employees Ins., 828 A.2d 229 (Md. 2003).See, e.g., Cruz v. Farquharson, 252 F.3d 530, 533 (1st Cir.2001) ("Despite the fact that a case is brought as a putative class action, it ordinarily must be dismissed as moot if no decision on class certification has occurred by the time t…
- Colbert v. Dymacol Inc, No. 01-4397 (3d Cir. Aug. 28, 2002).Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir. 1994)."Article III requires that a plaintiff ’s claim be live not just when he first brings the suit but throughout the entire litigation, and once the controversy ceases to exist t…
- Schaake v. Risk Mgmt. Alternatives, Inc., 203 F.R.D. 108 (S.D.N.Y. 2001).The tactic is precluded by the fact that before the class is certified, which is to say at a time when there are many potential party plaintiffs to the suit, an offer to one is not an offer of the entire relief sought by the suit, Alpern v…
- Wiskur v. Short Term Loans, LLC, 94 F. Supp. 2d 937 (N.D. Ill. 2000).At that time plaintiff withdrew her motion for class certification. *939 On February 8, 2000, the court, relying on Holstein v. City of Chicago, 29 F.3d 1145, 1147 (7th Cir.1994); Rand v. Monsanto Co., 926 F.2d 596, 597-98 (7th Cir.1991);…
At page 1148 its course. This proceeding concluded within three months of the tows with a result in Grove’s favor, seemingly an altogether reasonable time frame in which to…5 citing cases
- The Blue Note, Inc. v. The City of Chicago, No. 1:23-cv-00648 (N.D. Ill. Sept. 25, 2025).Review is extremely broad in scope and extends to all questions of fact and law contained in the record before the court, including de novo review of any constitutional issues.” See Holstein v. City of Chicago, 29 F.3d 1145, 1148 (7th Cir.…
- Stevens v. Hous. Auth. of South Bend, 720 F. Supp. 2d 1013 (N.D. Ind. 2010).“The mere physical or theoretical possibility of the injury being repeated is insufficient to satisfy this prong.” Id. (quoting Holstein v. City of Chicago, 29 F.3d 1145, 1148 (7th Cir.1994)).
- Protestant Mem'l Med. Ctr., Inc. v. Maram, 471 F.3d 724 (7th Cir. 2006).Our cases require that there must be a “ ‘reasonable expectation’ or a ‘demonstrable probability’ that the same controversy will recur involving the same parties.” Holstein v. City of Chicago, 29 F.3d 1145, 1148 (7th Cir.1994) (quoting Jon…
- Barry Aviation, Inc. v. Land O'Lakes Mun. Airport Comm'n, 366 F. Supp. 2d 792 (W.D. Wis. 2005).Typically, the standard is applied in a limited class of eases, see, e.g., Snyder v. Nolen, 380 F.3d 279 , 298 n. 2 (7th Cir.2004) (Ripple, J., dissenting); Veterans Legal Defense Fund v. Schwartz, 330 F.3d 937, 941-42 (7th Cir.2003) (depr…
- Ernst v. City of Chicago, 63 F. Supp. 2d 908 (N.D. Ill. 1999).Although this opinion regularly refers to "administrative review” in the generic sense, the review proceeding was technically pursuant to the common law writ of certiorari — but that makes no substantive difference because under that rubri…
At page 1146 cited at this page2 citing cases
- Gelb v. Air Con Refrigeration & Heating, Inc., 761 N.E.2d 265 (Ill. App. Ct. 1st Dist. 2001). Holstein, 29 F.3d at 1146, 1147 .
- Gelb v. Air Con Refrigeration & Heating Inc., No. 1-00-2099 Rel (Ill. App. Ct. 1st Dist. Nov. 30, 2001). Holstein , 29 F.3d at 1146, 1147 .
At page 1149 “Conclusion Because we find that Grove’s claim is moot and Holstein has failed to demonstrate any due process violation, the district court’s order dismissing the complaint for lack of subject matter jurisdiction and failure to state a claim is AFFIRMED.”1 citing case
- Qutb v. Ramsey, 285 F. Supp. 2d 33 (D.D.C. 2003).Claims of that sort have been adjudicated in Gable v. City of Chicago, 296 F.3d 531 (7th Cir.2002), and Holstein v. City of Chicago, 29 F.3d 1145, 1149 (7th Cir.1994). 14 .
Other citing cases
- Rothe Dev. Corp. v. U.S. Dep't of Def., 499 F. Supp. 2d 775 (W.D. Tex. 2007).
v.
CITY OF CHICAGO, a Municipal Corporation, Defendant-Appellee
In separate and unrelated incidents, the City of Chicago towed cars belonging to Robert Holstein and Brian Grove. Predictably, Holstein and Grove were displeased with their treatment by the City’s police department. They demonstrated their displeasure by filing this lawsuit against the City. They allege that two provisions of the City’s Municipal Code are unconstitutional because one provision permits the City to tow cars arbitrarily and another provides that post-tow hearings be conducted without affording car owners due process. The City moved to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim on which relief can be granted. The district court "granted the City’s motion to dismiss, 803 F.Supp. 205, and we affirm.
I. Facts
On August 1 and August 2, 1991, Grove attended games featuring the Chicago White Sox in Comiskey Park. On both nights, Grove parked legally in the vicinity of the ballpark, but the City towed his car. Grove contested the validity of the tows at a post-tow hearing, pursuant to Chicago Municipal Code § 9-92-080. The presiding officer deemed the tows valid. On October 11,1991, Grove joined the instant action individually and as a purported class representative. On November 7, 1991, the City informed Grove that it had determined that both of the tows of his vehicle were improper and instituted procedures to refund to Grove the towing and storage fees he was forced to pay in August. To date, Grove has refused the City’s offer of restitution.
As for Holstein, the City towed his Mercedes from where it was parked in Chicago’s Gold Coast neighborhood on December 8, 1990. The City also issued a ticket to Holstein because his car was blocking a crosswalk in violation of Chicago Municipal Code § 9-64-100(f). After Holstein retrieved his car from the city’s auto pound, he requested a post-tow hearing. The hearing officer received Holstein’s request, inspected the site[*1147] of the tow, and later contacted Holstein to inform him that the tow was proper.
Dissatisfied with the phone hearing, Holstein requested an in-person hearing. Prior to the in-person hearing, Holstein contested his parking ticket, and the City dismissed it. At the in-person hearing held March 25, 1991, Holstein was not permitted to question the ticketing officer or present evidence that the parking ticket had been dismissed. The hearing officer ended the hearing by refusing to reverse his prior determination that the tow was proper.
II. Grove’s Claim
In counts I and II of his amended complaint, Grove seeks a declaratory judgment that Chicago Municipal Code § 9-92-080 and the City’s post-tow hearing procedures are unconstitutional. Within three months after Grove’s car was towed, however, the City responded to Grove’s complaints that the tows were improper and offered to refund his money. At that point, Grove had not sought certification from the district court of his putative class. As we shall explain, these developments forced the district court to dismiss the claims for lack of subject matter jurisdiction.
Article III of the United States Constitution confers on the federal courts jurisdiction over cases and controversies. Both litigants must have a personal interest in the case at the beginning of the litigation, and their interests must persist throughout its entirety. See United States Parole Comm'n v. Geraghty, 445 U.s. 388, 396, 100 S.Ct. 1202, 1208, 63 L.Ed.2d 479 (1980). A case becomes moot when the dispute between the parties no longer rages, or when one of the parties loses his personal interest in the outcome of the suit. Banks v. National Collegiate Athletic Ass'n, 977 F.2d 1081, 1085 (7th Cir.1992), cert. denied, - U.S. 113 S.Ct. 2336, 124 L.Ed.2d 247 (1993).
In this case, the City has offered Grove all the damages due him; he does not argue that the offer does not adequately reimburse him or that the City's offer is insincere. Grove may not spurn this offer of all the damages he is owed and proceed to trial. See Alliance to End Repression v. City of Chicago, 820 F.2d 873, 878 (7th Cir.1987). “Once the defendant offers to satisfy the plaintiffs entire demand, there is no dispute over which to litigate, and a plaintiff who refuses to acknowledge this loses outright, under Fed.E.Civ.P. 12(b)(1), because he has no remaining stake.” Rand v. Monsanto Co., 926 F.2d 596, 598 (7th Cir.1991) (citations omitted). Hence, Grove’s claim is moot.
Ordinarily, simply determining that a plaintiffs case is moot dictates that his claim must be dismissed for lack of subject matter jurisdiction. But mootness requirements are somewhat different where the plaintiff attempts to represent a class. If the district court has certified the class before the expiration of the plaintiff's claims, mootness is avoided. Geraghty, 445 U.S. at 398, 100 S.Ct. at 1209. Here, Grove cannot claim the benefit of this exception to the mootness doctrine because the district court did not certify the class; indeed, Grove did not even move for class certification prior to the evaporation of his personal stake. Grove, then, cannot avail himself of the class action exception to the mootness doctrine.
The only other vehicle by which Grove may avoid dismissal because of mootness is to demonstrate that his claim on the merits, while no longer live, is "capable of repetition, yet evading review." To do so, Grove must prove that: 1) his claim is "so inherently transitory that the trial court [did] not have enough time to rule on a motion for class certification before the proposed representative's individual interest expire[d]," County of Riverside v. McLaughlin, 500 U.S. 44, 52, 111 S.Ct. 1661, 1667, 114 L.Ed.2d 49 (1991) (citations omitted); and 2) he will again be subject to the alleged illegality, City of Los Angeles v. Lyons, 461 U.S. 95, 110, 103 S.Ct. 1660, 1669, 75 L.Ed.2d 675 (1983). See Robinson v. City of Chicago, 868 F.2d 959, 967 (7th Cir.1989). He cannot make the showing required by either prong.
Regarding the transitory nature of his claim, Grove achieved standing at the onset of this suit only because he refused to wait until the administrative proceeding had run[*1148] its course. This proceeding concluded within three months of the tows with a result in Grove’s favor, seemingly an altogether reasonable time frame in which to conduct such an investigation and determination. It was only because Grove jumped the gun in joining this action that his claim is “transitory” at all or, for that matter, even existed. The claim, however, is not “so inherently transitory” that Grove can evade the mootness doctrine.
Even if this claim were to be considered transitory, it is not likely that Grove will be subject to the City’s procedures in the future. The mere physical or theoretical possibility of Grove being improperly towed is insufficient to satisfy this prong. Jones v. Sullivan, 938 F.2d 801, 806 (7th Cir.1991). Instead, there must be a “reasonable expectation” or a “demonstrable probability” that the same controversy will recur involving the same parties. Id. at 807 (quoting Murphy v. Hunt, 455 U.S. 478, 482, 102 S.Ct. 1181, 1183, 71 L.Ed.2d 353 (1982)). Grove cannot make such a showing, and as a result, his claim is not “capable of repetition, yet evading review.” Grove’s claim, therefore, is moot.
III. Holstein’s Claim
Holstein contends that the procedures comprising his post-tow administrative heai’-ing are unconstitutional; they deprived him of due process of law. The district court found that Holstein had waived this claim by not pursuing it in the state court forum in which it belongs; it also held that by failing to raise constitutional issues at his post-tow administrative hearing, Holstein was barred from raising those same issues in federal court by the doctrine of res judicata. While the substance of the district court’s decision is substantially similar to that of ours, we rest our decision on the ground that Holstein has failed to allege a due process violation and therefore has not stated a claim on which relief can be granted.
We have previously held that, in instances in which a municipality tows an ifiegally parked car, the Due Process Clause does not demand that the municipality provide a predeprivation hearing to the owners of the illegally-parked cars. Sutton v. City of Milwaukee, 672 F.2d 644 (7th Cir.1982). In circumstances in which a pre-deprivation hearing is not required, due process requires that the governmental unit afford post-deprivation procedures that are adequate to remedy erroneous deprivations of liberty or property. See, e.g. Zinermon v. Burch, 494 U.S. 113, 127-28, 110 S.Ct. 975, 983-85, 108 L.Ed.2d 100 (1990); Parratt v. Taylor, 451 U.S. 527, 539, 101 S.Ct. 1908, 1914, 68 L.Ed.2d 420 (1981). In this case, Illinois provided adequate means for Holstein to redress his property deprivation, and Holstein received all the process he was due. See Kauth v. Hartford Ins. Co. of Illinois, 852 F.2d 951, 955-56 (7th Cir.1988) (citing Daniels v. Williams, 474 U.S. 327, 339-40, 106 S.Ct. 677, 678-79, 88 L.Ed.2d 662 (1986)).
In Illinois, a party disappointed in a determination made by a municipality’s administrative agency may seek review in the circuit court by the common law writ of certiorari. Graff v. City of Chicago, 9 F.3d 1309, 1325 (1993) (string-cite omitted). Review is extremely broad in scope and extends to all questions of fact and law contained in the record before the court, including de novo review of any constitutional issues. Howard v. Lawton, 22 Ill.2d 331, 333, 175 N.E.2d 556 (1961). “If the circuit court, on the return of the writ, finds from the record that the inferior tribunal proceeded according to law, the writ is quashed; however, if the proceedings are not in compliance with the law, the judgment and proceedings shown by the return will be quashed.” Stratton v. Wenona Comm. Unit Dist. No. 1, 133 Ill.2d 413, 427, 141 Ill.Dec. 453, 551 N.E.2d 640 (1990). As if this expansive remedy was not enough, if Holstein was able to prove that the administrative hearing was futile or illusory, see Graham v. Illinois Racing Bd., 76 Ill.2d 566, 31 Ill.Dec. 771, 394 N.E.2d 1148 (1979), he could have proceeded directly to a state court replevin action. 735 ILCS 5/19-101 to 19-128. Clearly, these remedies provided by the state of Illinois comport with procedural due process.
Our cases have acknowledged the lack of guidance from the Supreme Court for the proper analysis of a claim alleging a substantive due process right regarding property[*1149] interests. See, e.g., New Burnham Prairie Homes v. Village of Burnham, 910 F.2d 1474, 1480 (7th Cir.1990). These cases have stated, however, that in order to properly allege a violation of substantive due process, the plaintiff must at least show “either a separate constitutional violation or the inadequacy of state law remedies.” Id. at 1481 (citations omitted). In the instant case, Holstein does not allege a separate constitutional violation. Further, we have already decided that the state remedies available to Holstein were more than adequate. Holstein’s complaint, therefore, does not state a substantive due process claim on which relief can be granted, and the district court properly dismissed count III of the complaint for lack of subject matter jurisdiction.
IV. Conclusion
Because we find that Grove’s claim is moot and Holstein has failed to demonstrate any due process violation, the district court’s order dismissing the complaint for lack of subject matter jurisdiction and failure to state a claim is
AFFIRMED.