· 2/6/2002
For Your Eyes Alone, Inc. v. City of Columbus, Ga.
Citations
- 281 F.3d 1209
- 2002 U.S. App. LEXIS 1804
- 2002 WL 185478
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that Younger did not apply when an individual’s arrest occurred after he initiated the federal action
- finding that Younger abstention was inappropriate where briefing had been submitted on motion to dismiss and district court had held thorough evidentiary hearing regarding plaintiffs’ motion for a temporary restraining order prior to when the plaintiff was arrested
- stating that abstention is justified where there had been a “lack of any hearings whatsoever ... combined with the stark fact that the states, having filed no pleadings, had not begun actively litigating the federal case at the time the prosecutions were initiated”
- “Our decision also is marked by concern over the costs of abstention in a suit where the plaintiff brings a facial or as-applied challenge to a state statute on First Amendment free speech grounds.”
- describing the case-specific circumstances that made abstention improper
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Goldberg, Tjoflat
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.