M.S. v. Brown, No. 16-35431 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed the district court's dismissal of a 42 U.S.C. 1983 action based on lack of subject matter jurisdiction. Plaintiff filed suit against Oregon state officials, challenging the rejection by Oregon voters of Senate Bill 833, which would have afforded Oregon residents access to driver cards without requiring proof of their legal presence in the United States. The panel held that plaintiffs failed to establish redressability, because their requested remedies were either ineffective or beyond the scope of the district court's remedial power. In this case, the court could not order the state officials to implement SB 833 and thus issue driver cards.