United States Seventh Circuit

In a 42 U.S.C. section 1983 suit against a county seeking to enjoin enforcement of an adult bookstore regulation, dismissal on grounds of Younger abstention is affirmed where: 1) there was an adequate state enforcement action underway; 2) the federal litigation in progress before the state action had not progressed to a discussion of the merits; and 3) plaintiff had an adequate opportunity to raise its constitutional challenge to the ordinance in the state action.

Appellate Information

• Argued 10/31/2006
• Decided 06/27/2007
• Published 06/27/2007

Judges

• WOOD, Circuit Judge., Before POSNER, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Wayne B. Giampietro, Stitt, Klein, Daday, Aretos & Giampietro, Arlington Heights, IL, Luke C. Lirot (argued), Luke Charles Lirot, Clearwater, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Daniel L. Jasica (argued), Office of the State's Attorney of Lake County, Waukegan, IL, for Defendant-Appellee.