United States Fifth Circuit

In a 42 U.S.C. section 1983 action claiming that the Mississippi Secretary of State wrongfully failed to place plaintiff on the presidential ballot, dismissal of the action is vacated and the case is remanded with instructions to consider whether to abstain from deciding the case based on the uncertain questions of Mississippi law it involved.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before JONES, Chief Judge, and SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Mark R. Brown (argued), Columbus, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Harold Edward Pizzetta, III (argued), Lisa Louise Colonias, Office of the Atty. Gen., Jackson, MS, for Defendant-Appellee.