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· 3/25/2013

Peter Gakuba v. Charles O'Brien

Citations

  • 711 F.3d 751
  • 2013 WL 1200231
  • 2013 U.S. App. LEXIS 5866

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 district court should have stayed the dismissed claims because damages were not available in the state proceedings
  • holding that the Court must abstain where the plaintiff seeks damages resulting from searches, seizures or detention while there are also ongoing criminal proceedings
  • noting that under Younger v. Harris, 401 U.S. 37 (1971), “federal courts must abstain from taking jurisdiction over federal constitutional claims that may interfere with ongoing state proceedings”
  • holding that dismissal of a case based on Younger abstention is improper if the plaintiff seeks monetary relief, which is not available to him in his defense of criminal charges, or if the plaintiff’s claims could become time-barred by the time the state prosecution has concluded
  • finding that when a plaintiff seeks monetary damages related to an on-going state proceeding, a stay, rather than dismissal without prejudice, is necessary to preserve the plaintiff’s civil rights damages claims
  • finding that when a plaintiff seeks monetary damages related to an on-going state proceeding, a stay, rather than dismissal without prejudice, is necessary to preserve the plaintiff’s civil rights damages claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Wood, Tinder

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.