Legal Opinion
Fitzgerald v. Peek
Court of Appeals for the Fifth Circuit
Decided January 14, 1981No. 78-2705PublishedCited by 49 opinions
1Per curiam
Plaintiffs, Ernest Billy and Marilyn Fitzgerald, brought suit in federal district court to enjoin state court prosecution allegedly brought in bad faith for purposes of harassing and punishing plaintiffs for having exercised their first amendment rights in criticizing certain public officials in DeKalb County. The district court entered a temporary restraining order and, following a two-day hearing, entered a final order permanently enjoining prosecution of the Fitzgeralds on pending indictments charging embracery and terroristic threats. We affirm.
Jurisdiction over this suit is properly…
2Cases cited8 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
- Moore v. SimsSupreme Court of the United States · 1979
- Mitchum v. FosterSupreme Court of the United States · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Gary Thomas Rowe v. Carl Griffin, Etc., Hon. Jesse O. BryanCourt of Appeals for the Eleventh Circuit · 1982
- Madalyn Murray O'Hair and Society of Separationists, Inc. v. Mark WhiteCourt of Appeals for the Fifth Circuit · 1982
- Robinson v. WadeCourt of Appeals for the Fifth Circuit · 1982
- Lewellen v. RaffCourt of Appeals for the Eighth Circuit · 1988
- Winston I. Smart v. Board of Trustees of the University of IllinoisCourt of Appeals for the Seventh Circuit · 1994
44 more not listed; retrieve them via the Exa API.