ROBERT ALAN JONES, INDIVIDUALLY, ETC., PLAINTIFF-APPELLANT,
v.
HENRY WADE, INDIVIDUALLY, ETC., AND FRANK DYSON, INDIVIDUALLY, ETC., DEFENDANTS-APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reaffirms its prior judgment reversing and remanding the case.
This case involves an appeal concerning federal jurisdiction over a challenge to an allegedly unconstitutional state statute. The Supreme Court's deci…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Younger V. Harris Abstention Doctrine cases and more on FLexlaw
PER CURIAM:
By order dated Nov. 18, 1974, 504 F. 2d 427, this Court vacated its earlier order putting this appeal en banc and, in light of Steffel v. Thompson,1 remanded the appeal to the panel which had reversed the judgment of the district court.2 Steffel v. Thompson, reversing and remanding Becker v. Thompson,3 held that the principles set forth in Younger v. Harris4 and Samuels v. Mackell5 are inapplicable when no state prosecution is pending against a complainant seeking federal declaratory or injunctive relief against a threatened prosecution under an allegedly unconstitutional state statute. The Supreme Court held that the complainant need not show prosecutorial harassment or bad faith enforcement by the state and that federal jurisdiction in a declaratory judgment suit did not require that the statute be challenged on its face rather than as applied.
■ We reaffirm our judgment reversing and remanding the ease to the district court, further proceedings to be consistent with our earlier opinion as modified by the effect of the Supreme Court’s holding in Steffel v. Thompson.
. Steffel v. Thompson, 1974, 415 U.S. 452, 94 S.Ct. 1209, 39 L.Ed.2d 505.
. Jones v. Wade, 5 Cir. 1973, 479 F. 2d 1176.
. Becker v. Thompson, 5 Cir. 1972, 459 F. 2d 919, reh. en banc denied, 1972, 463 F. 2d 1338.
. Younger v. Harris, 1971, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669.
. Samuels v. Mackell, 1971, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ealy v. Talmadge Littlejohn, 569 F.2d 219 (5th Cir. 1978)
-
Monroe v. State Court OF Fulton Cnty., 739 F.2d 568 (11th Cir. 1984)
-
United States & Octavio Saldana v. First Nat'l Bank IN Dallas & Bank of the Sw., 635 F.2d 391 (5th Cir. 1981)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Younger v. Harris, 401 U.S. 37 (U.S. 1971)
- Steffel v. Thompson, 415 U.S. 452 (U.S. 1974)
- Samuels v. MacKell, 401 U.S. 66 (U.S. 1971)
- Becker v. Thompson, 459 F.2d 919 (5th Cir. 1972)
- Jones v. Wade, 479 F.2d 1176 (5th Cir. 1973)
- Becker v. Thompson, 463 F.2d 1338 (5th Cir. 1972)
- Jones v. Wade, 504 F.2d 428 (5th Cir. 1974)
- United States v. The Garrett Corp., 504 F.2d 427 (6th Cir. 1974)