C.D.Ill.: Ins. co. has standing to sue that audit would be 4A violation, and its claim is ripe. Motion to dismiss denied.

An insurance company subject to government audit has standing to challenge the legal basis for the audit. Its Fourth Amendment claim is ripe: “Fidelity’s Fourth Amendment claim in Count 1 presents a purely legal question, which renders the claim fit for judicial review. See Abbott, 387 U.S. at 149 (purely legal issue was fit for judicial review). Fidelity argues that it will suffer hardship absent judicial review. Fidelity notes that the Seventh Circuit has held that a party need not show an injury beyond the violation of the Fourth Amendment to be entitled to redress for a violation of the Fourth Amendment. See Siebert, 256 F.3d at 655 (‘The law recognizes that law-abiding citizens can sue and recover general (or presumed) damages for a Fourth Amendment violation, even without proof of injury.’). Because Fidelity does not have to show injury to be entitled to redress and alleges that the audit process itself violates its constitutional rights, Fidelity has shown it will suffer an immediate hardship if the audit proceeds in violation of its rights. The claim in Count 1 is ripe.” The complaint also states a claim for relief. Motion to dismiss denied. Fid. & Guar. Life Ins. Co. v. Frerichs, 2017 U.S. Dist. LEXIS 181396 (C.D. Ill. Oct. 31, 2017).*

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