“To establish injury in fact, a plaintiff must show that he . . . suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical.” (internal quotation marks omitted)
How later courts described this case
- “To establish injury in fact, a plaintiff must show that he . . . suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical.” (internal quotation marks omitted)
Written by the judges who cited it.
The opinion
USCA4 Appeal: 25-1873 Doc: 35 Filed: 04/27/2026 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-1873
BRIAN R. DELLA ROCCA,
Plaintiff - Appellant,
v.
SUSAN C. LEE, in her official capacity as the Maryland Secretary of State;
MICHAEL G. SUMMERS, in his official capacity as The Chairman of the Maryland
State Board of Elections; DAVID STEINER, in his official capacity as the
Postmaster General of the United States,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
George L. Russell, III, Chief District Judge. (8:24-cv-03486-GLR)
Submitted: April 23, 2026 Decided: April 27, 2026
Before NIEMEYER, THACKER, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Laurin H. Mills, R. Clark Fonda, Jr., WERTHER & MILLS, LLC,
Alexandria, Virginia, for Appellant. Kelly O. Hayes, United States Attorney, Kelly M.
Marzullo, Assistant United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Baltimore, Maryland, for Appellee Postmaster General of the United States
Postal Service. Anthony G. Brown, Attorney General, Daniel Kobrin, Assistant Attorney
General, Baltimore, Maryland, Josaphine B. Yuzuik, Assistant Attorney General, OFFICE
USCA4 Appeal: 25-1873 Doc: 35 Filed: 04/27/2026 Pg: 2 of 3
OF THE ATTORNEY GENERAL OF MARYLAND, Annapolis, Maryland, for State
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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USCA4 Appeal: 25-1873 Doc: 35 Filed: 04/27/2026 Pg: 3 of 3
PER CURIAM:
Brian R. Della Rocca appeals the district court’s order granting Defendants’ motion
to dismiss Della Rocca’s complaint alleging violations of his federal constitutional rights,
as well as Della Rocca’s rights under Maryland election laws. We have reviewed the record
and find no reversible error. See, e.g., Md. Election Integrity, LLC v. Md. State Bd. of
Elections, 127 F.4th 534, 538 (4th Cir. 2025) (“To establish injury in fact, a plaintiff must
show that he . . . suffered an invasion of a legally protected interest that is concrete and
particularized and actual or imminent, not conjectural or hypothetical.” (internal quotation
marks omitted)). Accordingly, we affirm the district court’s order. Della Rocca v. Lee,
No. 8:24-cv-03486-GLR (D. Md. July 15, 2025). We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before this court
and argument would not aid the decisional process.
AFFIRMED
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