U.S. Courthouse, Eastern District of New York in Brooklyn, New York. Photo: Ryland West/ALM Clarifying Parens Patriae Standing
"the U.S. Court of Appeals for the Second Circuit addressed when a state can establish standing pursuant to the parens patriae doctrine, and, in particular, the contours of the requirement that a state show that there has been an injury to a substantial segment of the state's population."
October 30, 2024 at 10:00 AM
6 minute read
In People of the State of New York v. Niagara-Wheatfield Central School District, (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit addressed when a state can establish standing pursuant to the parens patriae doctrine, and, in particular, the contours of the requirement that a state show that there has been an injury to a substantial segment of the state's population.
In an opinion authored by Circuit Judge Robert D. Sack and joined by Circuit Judge Sarah A. L. Merriam, with a separate concurrence by Circuit Judge José A. Cabranes, the court held that it is not necessary for a state to show enforcement of an injurious policy or practice against a target population to establish parens patriae standing. It therefore held that New York had parens patriae standing to pursue a case against a school district even though its claim was based on four factually distinct instances of inaction by the district in response to reports of sexual assault, sexual harassment, and gender-based violence and bullying.
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