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Reasonable Apprehension Of That Harm

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  • Legalbear
    Under the Declaratory Judgment Act, 28 U.S.C. § 2201, a plaintiff may seek declaratory relief before actual harm occurs if she has a reasonable apprehension
    Message 1 of 1 , May 10 12:15 PM
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      Under the Declaratory Judgment Act, 28 U.S.C. § 2201, a plaintiff may seek declaratory relief before actual harm occurs if she has a reasonable apprehension of that harm occurring. As we observed in ANR Pipeline v. Corporation Commission of Oklahoma,

       

      Parties need not ... await the imposition of penalties under an unconstitutional enactment in order to assert their constitutional claim for an injunction in federal court. Once the gun has been cocked and aimed and the finger is on the trigger, it is not necessary to wait until the bullet strikes to invoke the Declaratory Judgment Act. 1167*1167 860 F.2d 1571, 1578 (10th Cir.1988). Thus federal prosecutors need not risk disbarment by violating the Colorado Rules in order to challenge those rules in federal court.

       

      US v. Colorado Supreme Court, 87 F. 3d 1161 - Court of Appeals, 10th Circuit 1996

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