Kenneth Scott Nivens Glen Lance Maners Terri Lynn Stork v. Peter S. Gilchrist, III

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge KING joined.

WILLIAMS, Circuit Judge.

Appellants Kenneth Scott Nivens, Glen Lance Maners, and Terri Lynn Stork previously brought an action in the United States District Court for the Western District of North Carolina, seeking to enjoin a pending state criminal drug prosecution against them. Appellants contended that because they had already paid North Carolina’s drug tax, their prosecution would violate the Fifth Amendment’s Double Jeopardy Clause, made applicable to the states via the Fourteenth…