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Standing Issue in a Challenge to the Virginia's Freedom of Information Act

By FindLaw Staff on July 28, 2010 | Last updated on March 21, 2019

McBurney v. Cuccinelli, 09-1615, concerned a challenge to the district court's dismissal of all parties on jurisdictional grounds, in plaintiffs' 42 U.S.C. section 1983 suit seeking declaratory and injunctive relief against the Attorney General of Virginia and others, claiming that the Virginia's Freedom of Information Act (VFOIA) violates the dormant commerce clause and the Privileges and Immunity Clause of the U.S. Constitution.

The court affirmed the district court's dismissal of the Attorney General and other defendants from the suit as, the Attorney General has not enforced, threatened to enforce, or advised other agencies to enforce the VFOIA against the plaintiffs.  However, the court reversed and remanded as to the dismissal of the plaintiffs as, the district court erred in dismissing plaintiffs for lack of standing, given that the complaint stated sufficient facts to support standing.

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