Margosian

American Consumer Publishing Ass'n v. Margosian

Good Law
349 F.3d 1122
United States Court of Appeals for the Ninth CircuitNovember 18, 2003No. 01-36113California4,285 words

Opinion

Lead Opinion

Graber, J.

The Attorney General of Oregon served a Notice of Unlawful Trade Practices on Plaintiffs American Consumer Publishing Association, Inc., Dennis L. Simpson, I.C. Marketing, and Publishers Services Exchange, advising them that a civil enforcement action for violations of several state statutes was imminent. Before the state proceedings were complete, Plaintiffs filed this action in federal court. Plaintiffs seek both damages and a declaration that the state statutes they allegedly violated are unconstitutional. The district court dismissed Plaintiffs’ claims based on the abstention doctrine of Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971).

We affirm, in part on different grounds. First, we hold that Defendants were entitled to summary judgment on Plaintiffs’ claim for damages for defamation under 42 U.S.C. § 1983 , because Plaintiffs presented no evidence that Defendants deprived them of a constitutionally protected liberty or property interest.

Second, we hold that the remainder of Plaintiffs’ claims properly were dismissed under the principles of Younger abstention. Plaintiffs’ claims for declaratory relief present a textbook case for Younger abstention…

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