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United States Fourth Circuit


Nivens v. Gilchrist, 05-1276

Decision to abstain from exercising jurisdiction over plaintiffs' pending state criminal prosecution against them, and dismissal of suit with prejudice is affirmed based on abstention under Younger and finding that district attorney is entitled to immunity from suit in both his official and individual capacities.

Appellate Information

  • Argued 02/01/2006
  • Decided 04/11/2006
  • Published 04/11/2006

Judges

  • Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Aaron Edmund Michel, Charlotte, North Carolina, for Appellants.  Norma Smithwick Harrell, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Roy Cooper, Attorney General, Raleigh, North Carolina, for Appellee.
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