United States Sixth Circuit

In an action alleging vindictive prosecution against Michigan's Attorney General, a state Supreme Court Justice, and the state's Secretary of State, as well as others in the AG's office, dismissal of plaintiffs' claims and imposition of sanctions against them are affirmed where: 1) because the issues raised in a state court were substantially the same as those raised in the district court, because those interests implicated important state interests, and because the plaintiffs had ample opportunity to raise their constitutional challenge in the state proceedings, the district court properly refrained from exercising jurisdiction in this case; and 2) imposing sanctions for plaintiffs' claims against the justice was not an abuse of discretion.

Appellate Information

• Decided 05/06/2008
• Published 05/06/2008

Judges

• Before:  MARTIN and NORRIS, Circuit Judges;  STAMP, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael R. Dezsi, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, Michigan, for Appellants.  Margaret A. Nelson, Michigan Department of Attorney General, Lansing, Michigan, Richard J. Suhrheinrich, Kitch, Drutchas, Wagner, Valitutti & Sherbrook, Okemos, Michigan, for Appellee.   ON BRIEF:  Michael R. Dezsi, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, Michigan, for Appellants.  Margaret A. Nelson, Michigan Department of Attorney General, Lansing, Michigan, Richard J. Suhrheinrich, Kitch, Drutchas, Wagner, Valitutti & Sherbrook, Okemos, Michigan, for Appellee.