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The DOJ and FBI violated the Constiutional Rights of a group by improperly classifying the group as a "gang"

The district court erred by dismissing the plaintiffs-alleged gang members' (the "Juggalos'") constitutional claims based on lack of standing where they claimed they suffered violations of their constitutional rights at the hands of state and local law enforcement officers who were motivated by the DOJ and FBI's identification of the Juggalos as a "criminal gang." The Juggalos are fans of the music group "Insane Clown Posse," and in 2011, they were listed as a "'loosely-organized hybrid gang'" in the DOJ federal NGIC database. Each plaintiff claimed their constitutional rights were violated after law enforcement found their "gang" on the database. The district court dismissed their claims, ruling that they lacked standing. The court reversed, finding that the "Juggalos' allegations that their First Amendment rights are being chilled are accompanied by allegations of concrete reputational injuries resulting in allegedly improper stops, detentions, interrogations, searches, denial of employment, and interference with contractual relations. Stigmatization also constitutes an injury in fact for standing purposes." It also concluded that "their freedom from placement in the 2011 NGIC Report is a sufficiently concrete interest to establish a procedural injury in fact." Thus, they "established an injury in fact on their procedural APA claims." They also successfully alleged that "their injuries were caused, at least in part, by the Agencies' actions in publishing the 2011 NGTA Report" where they claimed that the defendants' "conduct was a motivating factor in the third party's injurious actions . . . ." Thus, at the motion-to-dismiss stage, the plaintiffs alleged facts "adducing that their injuries are fairly traceable to the Agencies' actions." Also, the injuries they sought to address were at least partially redressable by a declaration finding the 2011 NGIC Report unconstitutional and setting it aside. The plaintiffs did not forfeit their DJA claim. Reversed and remanded. 

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