· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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