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Doby v. Strength

United States Court of Appeals, Eleventh Circuit
Mar 6, 1985
758 F.2d 1405 (11th Cir. 1985)

Summary

holding that abstention until state court proceedings are completed is proper disposition of plaintiff's § 1983 action seeking monetary relief for alleged fourth amendment violations

Summary of this case from Prather v. Norman

Opinion

No. 84-8525. Non-Argument Calendar.

March 6, 1985.

James R. Doby, pro se.

Robert C. Daniel, Jr., Augusta, Ga., Kathryn Allen, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Appeal from the United States District Court for the Southern District of Georgia.

Before VANCE, HENDERSON and CLARK, Circuit Judges.


Doby, a Georgia prisoner, filed a pro se complaint, pursuant to 42 U.S.C. § 1983 , alleging violations to his constitutional rights during an allegedly illegal arrest and search and seizure at his home. Defendants are police officers who made the arrest. Doby was convicted of armed robbery and sentenced to twenty years in the penitentiary. The conviction is presently being reviewed by the Georgia Court of Appeals.

42 U.S.C. § 1983 states in relevant part:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, suit in equity, or other proper proceeding for redress.

A magistrate, conducting the proceedings pursuant to a stipulation under 28 U.S.C. § 636(c), dismissed appellant's case. He found that Doby's § 1983 action was actually an attack on his state court conviction and therefore must be brought in a petition for the writ of habeas corpus, pursuant to 28 U.S.C. § 2254, after exhaustion of state remedies. See Fulford v. Klein, 529 F.2d 377 (5th Cir. 1976), adhered to en banc, 550 F.2d 342 (1977). Doby filed a timely notice of appeal.

We reverse and remand. Petitioner's complaint alleges numerous violations of his constitutional rights, most of which are Fourth Amendment violations. Contrary to the magistrate's opinion and order, Fourth Amendment claims are not generally recognizable in federal habeas corpus. Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976). Therefore, Doby will not be able to bring them in a federal habeas petition.

Nevertheless, abstention is still appropriate. Apparently, Doby raised the Fourth Amendment violations at his state court trial. That conviction is currently being reviewed by the Georgia Court of Appeals. Therefore, we believe that federal abstention is proper until the state appellate court has decided the relevant issues. Younger v. Harris, 401 U.S. 37, 44, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); Huffman v. Pursue, 420 U.S. 592, 604-07, 95 S.Ct. 1200, 1208-10, 43 L.Ed.2d 482 (1975); see also McCurry v. Allen, 606 F.2d 795 (8th Cir. 1979). Therefore, the order of the magistrate dismissing the complaint without prejudice is reversed and the case is remanded. It is further ordered that the court abstain from resolving the merits of petitioner's claims until the Georgia Court of Appeals rules on the relevant issues.

Or the Georgia Supreme Court, should it decide to hear the case.

REVERSED and REMANDED.


Summaries of

Doby v. Strength

United States Court of Appeals, Eleventh Circuit
Mar 6, 1985
758 F.2d 1405 (11th Cir. 1985)

holding that abstention until state court proceedings are completed is proper disposition of plaintiff's § 1983 action seeking monetary relief for alleged fourth amendment violations

Summary of this case from Prather v. Norman

holding that district court should abstain from considering the merits of plaintiff's 42 U.S.C. § 1983 action seeking monetary relief for alleged fourth amendment violation until state court proceedings are complete

Summary of this case from Beepot v. J.P. Morgan Chase National Corporate Serv

finding Younger abstention of § 1983 claim appropriate where plaintiff raised Fourth Amendment violations in state court trial

Summary of this case from Ford v. Brookins

reversing dismissal of a § 1983 action, but ordering the district court to abstain from resolving the merits of the plaintiff's claims until the state appellate court ruled on his state conviction

Summary of this case from Tribble v. Tew

reversing dismissal of § 1983 action, but ordering district court to abstain on deciding the merits until the pending state court proceeding concludes

Summary of this case from Gilbertson v. Albright

reversing dismissal of § 1983 action requesting money damages for alleged violations of Fourth Amendment rights and ordering district court to abstain from resolving merits of petitioner's claims until state court conviction is final in the state courts

Summary of this case from Feagin v. 22nd Judicial Circuit Drug Task Force

reversing dismissal of § 1983 action, but ordering district court to abstain from resolving the merits of petitioner's claims until state court conviction is reviewed by the Georgia Court of Appeals

Summary of this case from Scheuerman v. City of Huntsville

extending Younger to § 1983 actions for money damages

Summary of this case from Garrison v. Ivey

noting that the district court should abstain from considering the merits of the plaintiff's § 1983 action until the state-court proceedings are closed

Summary of this case from Cave v. Stone

requiring abstention pursuant to Younger where plaintiff raised Fourth Amendment § 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Smegelski v. Johnson

requiring abstention pursuant to Younger where plaintiff raised Fourth Amendment § 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Riley v. Longmire

requiring abstention where plaintiff raised Fourth Amendment § 1983 claims related to ongoing state proceedings

Summary of this case from Burbank v. Kirkconnel

requiring abstention where plaintiff raised Fourth Amendment § 1983 claims related to ongoing state proceedings

Summary of this case from Burbank v. Kirkconnell

requiring abstention pursuant to Younger where plaintiff raised § 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Harris v. McKie

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Thompson v. Johnson

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

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extending Younger to § 1983 actions for money damages

Summary of this case from McCray v. Smith

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

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requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Roosevelt v. Williams

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Dasher v. Eunice

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Eckerd v. Cannon

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Thomas v. Larkey

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Jordan v. Braddy

requiring Younger abstention where plaintiff raised Fourth Amendment Section 1983 damages claims related to ongoing state criminal proceedings

Summary of this case from Patchen v. Evans

extending Younger to § 1983 actions for money damages

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Case details for

Doby v. Strength

Case Details

Full title:JAMES R. DOBY, PLAINTIFF-APPELLANT, v. RONALD STRENGTH AND T.H. GRAY…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Mar 6, 1985

Citations

758 F.2d 1405 (11th Cir. 1985)

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