Legal Opinion

Clay L. Shaw v. Jim Garrison, Individually, and as District Attorney for the Parish of Orleans, State of Louisiana

Court of Appeals for the Fifth Circuit

Decided November 20, 1972No. 71-2422PublishedCited by 101 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

In this case the district court found that Jim Garrison, District Attorney for the Parish of Orleans, Louisiana, in bad faith and for purposes of harassment brought a criminal prosecution for perjury against Clay Shaw. 328 F.Supp. 390 (1971). The court found that the prosecution would cause great and irreparable injury to Shaw and enjoined the district attorney and his staff “from further prosecution of the pending criminal action”. 328 F.Supp. at 404. We affirm: the findings were not clearly erroneous; they meet the “special circumstances” requirements of Younger v.…

2Cases cited19 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Dombrowski v. PfisterSupreme Court of the United States · 1965
  4. SAMUELS Et Al. v. MACKELL, DISTRICT ATTORNEY OF QUEENS COUNTY, Et Al.Supreme Court of the United States · 1971
  5. Mitchum v. FosterSupreme Court of the United States · 1972

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3Cited by101 opinions

  1. Robertson v. WegmannSupreme Court of the United States · 1978
  2. Castellano v. FragozoCourt of Appeals for the Fifth Circuit · 2003
  3. Thomas James Hand v. Stuart Gary, Individually and in His Official Capacity as Deputy SheriffCourt of Appeals for the Fifth Circuit · 1988
  4. Wilson v. ThompsonCourt of Appeals for the Fifth Circuit · 1979
  5. Beryl Eugene v. Alief Independent School District, Paula Conley and R.F. Griffin, Individually and in Their Official CapacitiesCourt of Appeals for the Fifth Circuit · 1995

96 more not listed; retrieve them via the Exa API.

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