Nitz v. Otte

87 F.3d 1321 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard NITZ, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. Ronald L. OTTE, Commissioner State of Alaska, Department of Public Safety; BRUCE M. BOTELHO, Attorney General; STATE OF ALASKA, Defendants-Appellees. No. 96-35155. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1996. Decided June 20, 1996. 1 Before: T.G. NELSON and TASHIMA, Circuit Judges, and BURNS, * District Judge. 2 ORDER ** 3 While this case was pending on appeal, the plaintiffs initiated a class action in state court asserting that the Alaska Sex Offender Registration Act (SORA) violated certain provisions of the Alaska Constitution. Upon motion by the defendants, the district court issued an order abstaining from further proceedings based on Younger v. Harris, 401 U.S. 37 (1971). We address sua sponte the propriety of the district court's decision to abstain under Younger. We hold that…