The following excerpt is from Terrovona v. Peterson, 933 F.2d 1015 (9th Cir. 1990):
In order to establish that the objectionable practice is capable of repetition as to him, a plaintiff must make a " 'reasonable showing' of a 'sufficient likelihood' " that the injury will recur. Sample, 771 F.2d at 1339, 1340 (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 109, 111 (1983)). "The 'mere physical or theoretical possibility' of a challenged action again affecting a plaintiff is not sufficient." Id. (quoting Murphy v. Hunt, 455 U.S. 478, 482 (1982)). The plaintiff bears the burden of meeting this standard. Id. at 1343.
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