· 5/5/2010
PJ Ex Rel. Jensen v. Wagner
Citations
- 603 F.3d 1182
- 2010 U.S. App. LEXIS 9235
- 2010 WL 1783417
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 Jensens’ substantive and procedural due process claims survived Rooker-Feld-man, “[wjithout addressing every underlying factual allegation against each defendant here ”
- explaining that “the Due Process Clause provides some level of protection for parents’ decisions regarding their children’s medical care”
- holding Rooker- Feldman barred malicious-prosecution claims for damages where “a lower federal court would necessarily have to review and reject those [state-court] judgments in order for [plaintiffs] to succeed”
- finding that Rooker - Feldman barred malicious prosecution claims removed from state court
- noting that while procedural due process “does not prevent the state from depriving an individual of liberty or property,” it does “require that a fair procedure be provided for the deprivation” (quotations omitted) (emphasis added)
- holding Rooker- Feldman did not apply because the claims did “not rest on any allegation concerning the state-court proceedings or judgment” and “would be identical even if there were no state-court orders” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Abarcón, Tymkovich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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