Cabral v. City of Evansville, Ind.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-2914
Decision Date: 
June 25, 2014
Federal District: 
S.D. Ind., Evansville Div.
Appeal dismissed
Ct. of Appeals dismissed for lack of standing appeal by applicant/intervenor seeking from defendant permit to erect thirty-one crosses in defendant’s downtown area where: (1) plaintiff successfully obtained in Dist. Ct. injunction prohibiting defendant from issuing said permit; (2) defendant did not appeal Dist. Ct. order; (3) defendant could prohibit applicant’s display regardless of any order that Ct. of Appeals might issue in instant appeal; and (4) applicant’s injury arising out of injunction was only derivative and was not traceable to defendant. Ct. also observed that applicant was free to seek another permit from defendant and would have standing to appeal any denial of permit by defendant.