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 | | The District Court ultimately dismissed all parties save Yniguez and Governor Mofford in her official capacity, then declared Article XXVIII unconstitutional as violative of the First and Fourteenth Amendments, but denied Yniguez's request for an injunctionbecause "she ha[d] not established an enforcement threat sufficient to warrant [such] relief." Id., at 316-317. |
 | | Mofford, 130 F. Certification was inappropriate, the District Court ruled, in light of the court's prior rejection of the Attorney General's narrow reading of Article XXVIII. |
 | | Although Governor Mofford in her official capacity was the sole defendant against whom the District Court's February 1990 declaratory judgment ran, see supra, at 7-8, the Ninth Circuit held the State answerable for the nominal damages Yniguez requested on appeal. |
| caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=us&vol=520&invol=43 (11274 words) |
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