Standing

What It Is

Standing is a threshold requirement under Article III of the U.S. Constitution. Before a federal court will hear your § 1983 case, you must show that you are the right person to bring the lawsuit. It’s not enough that something bad happened — you must show it happened to you and that the court can do something about it.

The Three Requirements

The Supreme Court established the modern standing test in Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). You must prove:

1. Injury in fact — You suffered a concrete, particularized injury that is actual or imminent, not hypothetical. A broken arm from excessive force qualifies. A vague fear that police might someday violate your rights does not.

2. Causation (traceability) — Your injury must be fairly traceable to the defendant’s conduct. You must connect the specific officer or municipality to the harm you suffered.

3. Redressability — A favorable court decision must be likely to fix or compensate for your injury. If winning the case wouldn’t help you, you lack standing.

Standing in § 1983 Cases

Most § 1983 cases involve past injuries (excessive force, false arrest, illegal search), so standing is usually straightforward — you were hurt, the defendant did it, and money damages would compensate you.

Standing gets trickier when you seek injunctive relief (asking the court to order the government to change a policy). You must show a real and immediate threat of future injury, not just that you were harmed in the past. City of Los Angeles v. Lyons, 461 U.S. 95 (1983) — a man who was subjected to a police chokehold lacked standing to seek an injunction against the chokehold policy because he could not show he was likely to be choked again.

Organizational Standing

Civil rights organizations can sometimes sue on behalf of their members if: (1) at least one member has standing, (2) the interests are related to the organization’s purpose, and (3) individual member participation is not required. Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333 (1977).

Practical Tips

• Be specific about your injury. Describe exactly what happened to you and what harm resulted.
• Name the right defendants. Your injury must be traceable to the people you sue.
• If seeking an injunction, explain why you face a real threat of future harm — not just past harm.
• Standing is checked throughout the case. If your situation changes (see mootness), you can lose standing.

Key Takeaway

To have standing, show a real injury caused by the defendant that the court can remedy. Without standing, your case will be dismissed before it begins.