NAACP v. AcuSport, Inc.
United States District Court for the Eastern District of New York
271 F.Supp. 2d 435 (2003)
Relevant factsFree
The NAACP (plaintiff) sought an injunction against AcuSport, Inc. (defendant), alleging its marketing and indiscriminate gun-sales practices constituted a public nuisance by funneling more guns into the illegal market, guns then used to commit crimes against African Americans more often than against the public generally. AcuSport moved to dismiss, arguing the NAACP could not show the kind of special harm required to bring a private cause of action for public nuisance.
IssueFree
Whether a private claimant suing for public nuisance must show a special harm different in kind, not just degree, from the harm suffered by the public at large.