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Sixth Circuit· 7/27/2012

John Berry, Jr. v. Michael Schmitt

Citations

  • 688 F.3d 290
  • 40 Media L. Rep. (BNA) 2113
  • 2012 WL 3047238
  • 2012 U.S. App. LEXIS 15513

How courts have described this case

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

  • holding that the plaintiff’s action was not barred by Rooker-Feldman because he “[did] not request relief” from the state decision itself but “[sought] relief that would allow him to engage in future protected speech”
  • holding that the plaintiff’s action was not barred by Rooker-Feldman because he “[did] not request relief” from the state decision itself but “[sought] relief that would allow him to engage in future protected speech”
  • holding Rooker-Feldman inapplicable to a request for prospective declaratory and injunctive relief to prevent future enforcement of a bar association’s warning letter
  • noting that“[t]he Rooker-Feldman doctrine bars lower federal courts from conducting appellate review of final state-court judgments because 28 U.S.C. § 1257 vests sole jurisdiction to review such claims in the Supreme Court”
  • providing that, where a state court decision “on the merits” of an issue is the ‘source of the injury’ the plaintiff alleges, Rooker-Feldman bars the claim, even if the state court decision is not a formal judgment or order
  • “warning letter implied a threat of future enforcement that elevated the injury from subjective chill to actual injury.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Daughtrey, Rogers, Zouhary

Read full opinion on CourtListener

Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced 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.