Legal Opinion
Gilbertson v. Albright
Court of Appeals for the Ninth Circuit
Decided September 3, 2004No. 02-35460PublishedCited by 207 opinions
1Opinion of the Court
RYMER, Circuit Judge:
May Younger1 abstention apply in an action for damages pursuant to 42 U.S.C. § 1983 that relates to a pending state proceeding, and if so, should the action be dismissed or stayed?
This is the question that prompted us to go en banc in Gilbertson v. Albright, 350 F.3d 1030 (9th Cir.2003), and American Consumer Publishing Ass’n, Inc. v. Margosian, 349 F.3d 1122 (9th Cir.2003). Both opinions have been vacated, and Margo-sian has since settled.
In Gilbertson, the federal plaintiff, Paul Douglas Gilbertson, was a land surveyor whose Oregon license to survey was revoked and not…
2Cases cited63 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- Steffel v. ThompsonSupreme Court of the United States · 1974
58 more not listed; retrieve them via the Exa API.
3Cited by207 opinions
- Wolfe v. StrankmanCourt of Appeals for the Ninth Circuit · 2004
- Rio Grande Community Health Center, Inc. v. RullanCourt of Appeals for the First Circuit · 2005
- San Jose Silicon Valley Chamber of Commerce Political Action Committee v. City of San JoseCourt of Appeals for the Ninth Circuit · 2008
- Gilbertson v. AlbrightCourt of Appeals for the Ninth Circuit · 2004
- Tsai-Yi Yang v. Fu-Chiang TsuiCourt of Appeals for the Third Circuit · 2005
202 more not listed; retrieve them via the Exa API.