''City of Los Angeles v. Lyons'', 461 U.S. 95 (1983), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

decision holding that the plaintiff, Adolph Lyons, lacked

standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...

to challenge the city police department's use of

chokehold A chokehold, choke, stranglehold or, in Judo, shime-waza ( ja, 絞技, translation=constriction technique) is a general term for a grappling hold that critically reduces or prevents either air (choking)''The New Oxford Dictionary of English'' ( ...

Background

In 1976, Adolph Lyons was stopped by four white officers of the

Los Angeles Police Department The Los Angeles Police Department (LAPD), officially known as the City of Los Angeles Police Department, is the municipal police department of Los Angeles, California. With 9,974 police officers and 3,000 civilian staff, it is the third-large ...

(LAPD) for driving with a broken

tail light The lighting system of a motor vehicle consists of lighting and signalling devices mounted to or integrated into the front, rear, sides, and in some cases the top of a motor vehicle. They illuminate the road ahead for the driver and increase th ...

. The unarmed 24-year-old was ordered to leave his vehicle by officers with guns drawn and to spread his legs and put his hands on top of his head. After being frisked, Lyons put his hands down. That prompted one officer to grab his hands and slam them against his head. "Although Lyons offered no resistance or threat whatsoever, the officers, without provocation or justification, seized Lyons and applied a 'chokehold'... rendering him

unconsciousness Unconsciousness is a state in which a living individual exhibits a complete, or near-complete, inability to maintain an consciousness, awareness of self and environment or to respond to any human or environmental Stimulus (physiology), stimulus. ...

and causing damage to his larynx." He woke up lying face down in the road with soiled underwear and blood and dirt in his mouth. The officers gave him a traffic citation and sent him on his way. City of L.A. officers often used the chokehold in many situations where they are not threatened by use of deadly force. The officers were directed and encouraged to use the chokehold by the City even though numerous people had been injured by its use. Lyons was fearful of any other interactions with the police for fear of being choked again. Lyons claimed this interfered with his First, Fourth, Eighth, and Fourteenth Amendment rights.''Los Angeles v. Lyons'', 461 U.S. 95, 98, (1983) "Injunctive relief was sought against the use of the control holds 'except in situations where the proposed victim of said control reasonably appears to be threatening the immediate use of deadly force.' Count VI sought declaratory relief against the City, i. e., a judgment that use of the chokeholds absent the threat of immediate use of deadly force is a per se violation of various constitutional rights." Lyons introduced evidence from 1975 to 1983 that 16 people, including 12 African-Americans, had been killed by the LAPD using

chokeholds A chokehold, choke, stranglehold or, in Judo, shime-waza ( ja, 絞技, translation=constriction technique) is a general term for a grappling hold that critically reduces or prevents either air (choking)''The New Oxford Dictionary of English'' ( ...

Decision

In an opinion authored by Justice White, the Court held 5-4 that Lyons had failed to allege a sufficiently-plausible threat of future injury to have standing to seek an

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...

. Lyons, however, had standing for his damages action since it was retrospective and the injury, being subjected to the chokehold, was concrete and particular. The decision helped to establish the principle that a plaintiff must meet a standing requirement for ''each'' form of relief sought.

Dissenting opinion

Justice Marshall's dissent argued that the majority's test would immunize from review any widespread policy that deprives constitutional rights when individuals cannot show with certainty that they would be subject to a repeat violation. He also argued that the Court's traditional rule did not distinguish different forms of relief for standing purposes.

Commentary

Based on Michelle Alexander's book ''

The New Jim Crow ''The New Jim Crow: Mass Incarceration in the Age of Colorblindness'' is a book by Michelle Alexander, a civil rights litigator and legal scholar. The book discusses race-related issues specific to African-American males and mass incarceration in ...

'' Lyons' case is related to what is believed to be biased action towards certain races, in this case African-Americans. She asserts that it is hard for people of color like Lyons to prevail in the

judicial process Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by ...

, like during the

Jim Crow The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...

era. According to Alexander, one of the causes of such issues is the presence of implicit bias in the

criminal justice system Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

, including the courts and police officers. In support of Alexander's argument, Georgetown Law Professor Charles Lawrence noted, "The purposeful intent requirement found in Supreme Court

equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equa ...

doctrine, and in the court's interpretation of antidiscrimination laws disserved the value of equal citizenship expressed in those laws because many forms of

racial bias Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...

are

unconscious Unconscious may refer to: Physiology * Unconsciousness, the lack of consciousness or responsiveness to people and other environmental stimuli Psychology * Unconscious mind, the mind operating well outside the attention of the conscious mind a ...

." As specified above, since Lyons' case involves

legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...

, unconscious

bias Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, ...

may produce negative outcomes for African-Americans.''The New Jim Crow: Mass Incarceration in the Age of Colorblindness'', Michelle Alexander, The New Press, New York 2010, ''The New Jim Crow,'' p. 128-129

References

External links