Devlin v. Kalm, No. 09-1376

In plaintiff's 42 U.S.C. section 1983 suit against various state officials claiming that his termination from the Michigan Gaming Control Board (MGCB) was the result of a newspaper article quoting the plaintiff about his two citizen state court suits seeking to compel enforcement of the state's liquor licensing laws and the MGCB's employee qualification rules, dismissal of the suit under Younger v. Harris is vacated and remanded as Younger does not apply when the federal plaintiff is also the plaintiff in the state court action, and the plaintiff is not attempting to use the federal courts to shield him from state court enforcement efforts. 

Read  Devlin v. Kalm, No. 09-1376

Appellate Information

Argued: December 1, 2009

Decided and Filed: February 12, 2010

Judges

Opinion by Circuit Judge  Rogers

Counsel

For Appellant:  Patrick J. Devlin, Patrick J. Devlin, PC

For Appellee:    Ann M. Sherman, Jason D. Hawkins, Office of the Michigan Attorney General