Mootness

What It Is

Under Article III of the Constitution, federal courts can only decide live controversies. If the dispute has been resolved or the plaintiff no longer has a stake in the outcome, the case is moot and the court must dismiss it.

How Mootness Arises in § 1983 Cases

• The policy changed. You sue to stop an unconstitutional police practice and the department voluntarily abandons it.
• You moved or left custody. You challenge jail conditions but are released before the case is decided.
• The harm can’t recur. The specific situation that caused your injury is over and won’t happen again.

However, claims for money damages are almost never moot. If you are seeking compensatory damages for past harm, the case stays live regardless of what changes afterward.

Exceptions to Mootness

Courts recognize several important exceptions:

Voluntary Cessation

A defendant can’t moot a case just by stopping the challenged conduct. The court will keep the case alive unless it is absolutely clear the behavior won’t resume. Friends of the Earth, Inc. v. Laidlaw Environmental Services, 528 U.S. 167 (2000).

Capable of Repetition, Yet Evading Review

If the challenged action is too short in duration to be fully litigated before it ends, and there is a reasonable expectation it will happen again, the case survives. Roe v. Wade, 410 U.S. 113 (1973) applied this doctrine.

Class Actions

In certified class actions, the named plaintiff’s individual claim becoming moot does not necessarily moot the class claims.

Practical Tips

• Always include a damages claim alongside any request for injunctive relief or a declaratory judgment. Damages keep the case alive even if circumstances change.
• If the government changes its policy, argue the voluntary cessation exception — they might change it back.
• Document ongoing harm. If you can show the violation is likely to recur, the case is not moot.
• File promptly. Delays increase the risk that changed circumstances will moot your claims.

Key Takeaway

A case is moot when there is nothing left for the court to decide. Protect yourself by seeking money damages and acting quickly.