GCO Files Second Motion to Dismiss “Stand Your Ground” Challenge

GCO has filed a second motion to dismiss the Rev. Markel Hutchins’ attack on Georgia’s so-called “Stand Your Ground” law. In the federal lawsuit, Hutchins claims to be acting on behalf of all Georgians when he asks the court to rule Georgia’s law unconstitutional. GCO’s most recent motion points out to the court that Hutchins has failed, in the 120 days since Hutchins filed the lawsuit, to serve the complaint on either defendant (Gov. Nathan Deal and Attorney General Sams Olens). Federal rules require service on defendants within 120 days, unless the plaintiff can show good reason for the failure. Given that each defendant in this case can readily be served on any business day by merely showing up at their offices with the complaint, it is difficult to imagine that there is a good reason for Hutchins’ failure.

Hutchins also declined to respond to GCO’s first motion to dismiss, filed on the grounds that Hutchins lacks standing to sue. In order to invoke the jurisdiction of a federal court, a plaintiff must show that he has been injured and that such injury is particular to him. Hutchins claims no injury in his complaint, and claims to be acting on behalf of all Georgians — that is, he admits that any injury he has is common to all Georgians and not particular to him.

Both motions are before federal district judge Thomas Thrash. The second motion, along with other documents in the case, can be viewed here.

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