Skip to main content
Find a Lawyer

United States First Circuit


Miller v. Nichols, 09-1174

In plaintiffs' constitutional challenge to the state's removal of their child after termination proceedings and motion for injunctive relief to prevent a foster family's adoption of the child, district court's dismissal of the case is affirmed where: 1) the district court correctly determined that it lacked subject matter jurisdiction to review plaintiffs' motion for injunctive relief to prevent the child's adoption pursuant to the Rooker-Feldman doctrine; and 2) the factual issues underlying plaintiffs' claims were addressed by the state court and are barred by issue preclusion.

Appellate Information

  • Decided 11/04/2009
  • Published 11/04/2009

Judges

  • LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Eric H. Mehnert with whom Hawkes & Mehnert, LLP, were on brief for appellant.

  • For Appellees:
  • Melissa Reynolds O'Dea, Assistant Attorney General, with whom Janet T. Mills, Attorney General of Maine, and Paul Stern, Deputy Attorney General, were on brief for the appellees.
Copied to clipboard