Legal Opinion

Lewellen v. Raff

Court of Appeals for the Eighth Circuit

Decided April 4, 1988No. Nos. 87-1069, 87-1100, 87-1101 and 87-1103PublishedCited by 73 opinions

1Opinion of the Court

LAY, Chief Judge.

At issue is the serious question whether the federal district court1 erred in not exercising Younger2 abstention by enjoining a criminal prosecution brought by the State of Arkansas against a black attorney in Lee County, Arkansas. We affirm the grant of the temporary injunction. We reverse in part the district court’s rulings on the section 1983 damages claims.

I. Background

On June 7, 1984, Reverend Almore Banks, a black minister, was charged with rape in the Circuit Court of Lee County, Arkansas. The alleged victim was Latonia Wilbun, the eleven-year-old daughter of Mrs.…

2Cases cited32 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Imbler v. PachtmanSupreme Court of the United States · 1976
  4. Dombrowski v. PfisterSupreme Court of the United States · 1965
  5. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981

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3Cited by73 opinions

  1. In Re Kunstler.Court of Appeals for the Fourth Circuit · 1990
  2. American-Arab Anti-Discrimination Committee v. RenoCourt of Appeals for the Ninth Circuit · 1995
  3. Aaron v. Target CorporationCourt of Appeals for the Eighth Circuit · 2004
  4. Cullen v. FliegnerCourt of Appeals for the Second Circuit · 1994
  5. Jeffers v. ClintonDistrict Court, E.D. Arkansas · 1990

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