Nimer v. Litchfield Township Board of Trustees

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

There are two issues in this Younger abstention case. The first is whether Younger abstention applies to a claim seeking damages under 42 United States Code section 1983. The second is whether, after applying Younger and deciding to abstain, a district court may exercise its discretion and decide to dismiss such a damages claim. We hold that Younger abstention applies to a 42 United States Code section 1983 damages claim, but that a district court lacks the power to decide whether to dismiss such a damages claim. Instead, where, as here, the…