Gary R. Eitel v. Verla Sue Holland

In our original opinion, 1 we affirmed the district court’s dismissal of all claims against the state court judge but held that the district court should not have abstained from exercising jurisdiction over Eitel’s § 1983 claim against the attorneys who represented the defendants in Eitel’s state suit. Eitel alleged that these attorneys had conspired with the state judge to deprive Eitel of his due process rights to a fair trial. Finding that Younger abstention was not properly invoked, 2 we remanded for further proceedings on Eitel’s claim. We are now persuaded that the district court…