D.L.S. v. UTAH

No. 03-4031.

374 F.3d 971 (2004)

D.L.S., Plaintiff-Appellant, v. The State of UTAH; Utah County, a government entity; C. Kay Bryson, Utah County Attorney; American Fork City, a municipal corporation, and James "Tucker" Hansen, Prosecutor, American Fork City, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 7, 2004.


Attorney(s) appearing for the Case

Brian M. Barnard (James L. Harris, Jr. with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for Plaintiff-Appellant.

Jerrold S. Jensen, Assistant Attorney General (Mark L. Shurtleff, Attorney General, with him on the brief), Salt Lake City, UT, for Defendants-Appellees.

Before HENRY, BRISCOE, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Pseudonymous Plaintiff D.L.S. brought a civil rights suit seeking a declaratory judgment that Utah's sodomy statute is unconstitutional. The district court dismissed the suit for lack of standing and ripeness. Plaintiff now appeals that dismissal, and we AFFIRM the district court's judgment.

BACKGROUND

Plaintiff's complaint and affidavit allege the following facts. D.L.S. lives in American Fork, Utah County...

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