International Primate Protection League v. Administrators of Tulane Educational Fund

500 U.S. 72, 111 S. Ct. 1700, 114 L. Ed. 2d 134, 1991 U.S. LEXIS 2781, 91 Daily Journal DAR 5797, 59 U.S.L.W. 4424, 91 Cal. Daily Op. Serv. 3615
Supreme Court of the United States·Decided May 20, 1991·No. 90-89·Published·Cited by 471 cases

Opinion

Justice Marshall

delivered the opinion of the Court.

This case arose from an animal welfare dispute. At issue is the fate of certain monkeys used for medical experiments funded by the Federal Government. The case comes before us, however, on a narrow jurisdictional question: whether a suit filed in state court challenging the treatment of these monkeys was properly removed to the federal court by respondent National Institutes of Health (NIH), one of the defendants. We hold that removal was improper and that the case should be remanded to state court.

1 — I

Petitioners, who are organizations and individuals seeking the humane treatment of animals, filed this suit in Louisiana civil district court; the monkeys are housed at a primate research center in that State. Three defendants were named *75 and are respondents here. Respondent Institutes for Behavior Resources (IBR) is a private entity that owns the monkeys. 1 Respondent NIH now maintains custody of the monkeys, with IBR’s consent. Respondent Administrators of the Tulane Educational Fund (Tulane) is the governing body for the primate research center that, in 1986, entered into an agreement with NIH to care for the monkeys. The suit sought to enjoin further experimentation on the monkeys and to obtain custody over them. Petitioners based their claim for this relief upon Louisiana law, including provisions that (1) impose criminal sanctions for cruelty to animals, La. Rev. Stat. Ann. §14:102.1 (1986 and Supp. 1991); (2) permit officers of humane societies to remove, to a “stable,” animals being subjected to cruelty or that are “bruised, wounded, crippled, abrased, sick, or diseased,” La. Rev. Stat. Ann. §3:2431 (1987); (3) authorize tort damages for “[ejvery act whatever of man that causes damage to another,” La. Civ. Code Ann., Art. 2315 (1979 and Supp. 1991); and (4) direct courts to “proceed according to equity” in situations not covered by “legislation or custom,” La. Civ. Code Ann., Art. 4 (Supp. 1991). See App. to Pet. for Cert. A-35 to A-37.

Shortly after the suit was filed, NIH removed the case to federal court pursuant to 28 U. S. C. § 1442(a)(1), which authorizes removal of state suits by certain federal defendants. The federal District Court then granted a temporary re *76 straining order barring NIH from carrying out its announced plan to euthanize three of the remaining monkeys and, in the process, to complete some of the medical research by performing surgical procedures. The court extended this order beyond its 10-day limit, see Fed. Rule Civ. Proc. 65(b), and NIH accordingly appealed the court's action under 28 U. S. C. § 1292(a)(1), which permits appellate review of preliminary injunctions.

On appeal, NIH argued, inter alia, that petitioners were not entitled to the injunction because they lacked standing to seek protection of the monkeys. Petitioners, in turn, argued that the District Court had no juris~1iction over the case because 28 U. S. C. § 1442(a)(1) permits only federal officials-not federal agencies such as NIH-to remove cases in which they are named as defendants. The Court of Appeals for the Fifth Circuit agreed with NIH that petitioners could not satisfy the requirements under Article III of the United States Constitution for standing. It also held that federal agencies have the power to remove cases under § 1442(a)(1). Accordingly, the Court of Appeals vacated the injunction and dismissed the case. See 895 F. 2d 1056 (CA5 1990). We granted certiorari to resolve a conflict between the Courts of Appeals for the Fifth and Third Circuits on the question whether § 1442(a)(1) permits removal by fedei'al agencies. 2 498 U. 5. 980 (1990). We conclude that it does not.

II

We confront at the outset an objection raised by NIH to our jurisdiction over the removal question. NIH argues that, because the Court of Appeals found that petitioners lack Article III standing to seek protection of the monkeys, petitioners also lack standing even to contest the removal of *77 their suit. We beli,eve NIH misconceives both standing doctrine and the scope of the lower court’s standing ruling.

Standing does not refer simply to a party’s capacity to appear in court. Rather, standing is gauged by the specific common-law, statutory or constitutional claims that a party presents. “Typically, . . . the standing inquiry requires careful judicial examination of a complaint’s allegations to ascertain whether the particular plaintiff is entitled to an adjudication of the particular claims asserted. Allen v. Wright, 468 U. S. 737, 752 (1984) (emphasis added). See also Fletcher, The Structure of Standing, 98 Yale L. J. 221, 229 (1988) (standing “should be seen as a question of substantive law, answerable by reference to the statutory and constitutional provision whose protection is invoked”).

It is well established that a party may challenge a violation of federal statute in federal court if it has suffered “injury that fairly can be traced to the challenged action of the defendant,” Simon v. Eastern Kentucky Welfare Rights Org., 426 U. S. 26, 41 (1976), and that is “likely to be redressed by the requested relief.” Allen v. Wright, supra, at 751. In the case now before us, petitioners challenge NIH’s conduct as a violation of § 1442(a)(1). Petitioners’ injury is clear, for they have lost the right to sue in Louisiana court — the forum of their choice. This injury “fairly can be traced to the challenged action of defendants,” since it directly results from NIH’s removal of the case. And the injury is “likely to be redressed” if petitioners prevail on their claim because, if removal is found to have been improper under § 1442(a)(1), the federal courts will lose subject matter jurisdiction and the “case shall be remanded.” 28 U. S. C. § 1447(c); see infra, at 87-89. Therefore, petitioners clearly have standing to challenge the removal.

Nothing in the Court of Appeals’ decision undermines this conclusion. The court below found that petitioners did not have standing to protest “disruption of their personal relationships with the monkeys,” 895 F. 2d, at 1059, to claim *78 “harm to their ‘aesthetic, conservational and environmental interests,’” id., at 1060, or to act as advocates for the monkeys’ interests, id., at 1061.

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International Primate Protection League v. Administrators of Tulane Educational Fund, 500 U.S. 72, 111 S. Ct. 1700, 114 L. Ed. 2d 134, 1991 U.S. LEXIS 2781, 91 Daily Journal DAR 5797, 59 U.S.L.W. 4424, 91 Cal. Daily Op. Serv. 3615 (1991).

500 U.S. 72 (International Primate Protection League v. Administrators of Tulane Educational Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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