Gaerttner v. Fulcomer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• Younger confined to cases where federal plaintiff violated state law, thereby exposing himself to state enforcement proceeding
• “Whether the state proceeds against malefactors administratively or judicially is a distinction irrelevant to the policy behind Younger.”
• § 1983 plaintiff may initiate action to enjoin unconstitutional state conduct if he has not violated state law, has not exposed himself to a state enforcement proceeding, and is not a defendant in such a proceeding, but merely seeks to sweep away an illegal obstacle to his activities
• § 1983 plaintiff may initiate action to enjoin unconstitutional state conduct if he has not violated state law, has not exposed himself to a state enforcement proceeding, and is not a defendant in such a proceeding, but merely seeks to sweep away an illegal obstacle to his activities

Source: CourtListener parenthetical corpus (CC0).