Castle News Co. v. Cahill

MEMORANDUM AND ORDER

WARREN, District Judge.

This case involves constitutional attacks on the Wisconsin Obscenity Statute (Wis. Stat. § 944.21) and a seizure of numerous items under an allegedly defective search warrant. Defendants have requested this Court to abstain under the doctrine created in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). Defendant further moves this Court to dismiss the dam age claims against defendants Cahill and O’Connor both on the basis of official capacity immunity and on the strict limits of 42 U.S.C. § 1983 liability. This Court declines to…