Legal Opinion
NEW ALBANY DVD, LLC v. City of New Albany, Ind.
District Court, S.D. Indiana
Decided July 22, 2004No. NA4:04CV0052SEBWGHPublishedCited by 1 opinion
1Opinion of the Court
ENTRY ON DEFENDANT’S MOTION TO DISMISS
BARKER, District Judge.
This matter comes before the Court on Defendant City of New Albany’s (“City”) Motion to Dismiss Plaintiff NA DVD’s (“DVD”) constitutional claim on the basis of the Younger abstention doctrine. For the reasons stated below, we DENY the Defendant’s Motion to Dismiss.
Factual and Procedural Background
This case shares a procedural and factual background with cause no. 4:04-CV-0086-SEB-WGH, the City of New Albany v. NA DVD, LLC. Many of the relevant alleged facts are recited in detail in our companion entry on the City’s Motion to Remand…
2Cases cited18 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
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3Cited by1 opinion
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