Lilburn v. Racicot

967 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John LILBURN, Plaintiff-Appellant, v. Marc RACICOT, AAG, Attorney General of Montana; Mike Salvagni, Gallatin County Attorney; K.L. Cool, Director of Montana Department of Fish, Wildlife and Parks; George Hubbard, Warden Captain, Montana Department of Fish, Wildlife and Parks, Defendants-Appellees. No. 91-35310. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 4, 1992. Decided June 15, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM * 2 John Lilburn appeals the district court's dismissal of his 42 U.S.C. § 1983 action challenging Mont.Code Ann. § 87-3-142 (1991) ("Act"), which prohibits the harassment of hunters. The district court ruled that, because there was a pending state criminal proceeding charging Lilburn with violating the Act, it should dismiss Lilburn's federal action pursuant to Younger v. Harris, 401 U.S. 37 (1971). We affirm.…