Davidson

Davidson v. City of Bellflower

Good Law
31 F. App'x 487
United States Court of Appeals for the Ninth CircuitMarch 5, 2002No. 00-56663; D.C. No. CV-00-06467-AHMCalifornia625 words

Opinion

Lead Opinion

MEMORANDUM **

Henry Frederick Ramey, Jr., appeals the district court’s dismissal of his action pursuant to Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), and denial of leave to amend. We have jurisdiction, 28 U.S.C. § 1291 , 1 and we affirm.

I

We review de novo a district court’s decision to abstain pursuant to Younger. Green v. City of Tucson, 255 F.3d 1086, 1093 (9th Cir.2001) (en banc).

When a plaintiff seeks relief in federal court that would interfere with an ongoing state judicial proceeding, the federal action *488 must be dismissed pursuant to Younger if the state proceeding (1) is ongoing, (2) implicates important state interests, and (3) provides the plaintiff an adequate opportunity to litigate its federal claims. Columbia Basin Apartment Ass’n v. City of Pasco, 268 F.3d 791, 799 (9th Cir.2001). We conclude that Ramey’s suit meets these requirements.

Ramey argues that Younger does not apply to his claims for damages. Where a federal court is asked to restrain state proceedings or invalidate state laws, Younger abstention may be appropriate even where money damages are also sought. Martinez v. Newport Beach City, 125 F.3d 777, 781 (9th…

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