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· 4/11/2006

Kenneth Scott Nivens Glen Lance Maners Terri Lynn Stork v. Peter S. Gilchrist, III

Citations

  • 444 F.3d 237
  • 2006 U.S. App. LEXIS 8807
  • 2006 WL 923709

How courts have described this case

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

  • holding that a state officer sued in his official capacity was protected by the Eleventh Amendment
  • holding that § 1983 claims against a district attorney in his official capacity were barred by the Eleventh Amendment
  • explaining that the Supreme Court’s decision in “Younger mandates that a federal court abstain from exercising jurisdiction and interfering in a state criminal proceeding”
  • explaining that “when a district court abstains from a case based on Younger, it should typically dismiss the case with prejudice; not on the merits”
  • explaining that “when a district court abstains from a case based on Younger, it should typically dismiss the case with prejudice; not on the merits”
  • recognizing that “when a district court abstains from a case based on Younger, it should typically dismiss the case with prejudice; not on the merits . . . but instead because the court is denied the equitable discretion ever to reach the merits”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Motz, Williams

Read full opinion on CourtListener

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.