DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212632P.pdf 09/19/2022 Courthouse News Service v. Joan Gilmer
U.S. Court of Appeals Case No: 21-2632
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Stras, Author, with Shepherd and Erickson, Circuit Judges]
Civil case - Civil rights. Plaintiff, a news service covering Missouri
courts, alleged the St. Louis County Circuit Court's delay in providing
reporters access to new complaints violated the First Amendment; the
district court decided to abstain under Younger v. Harris, 401 U.S. 37
(1971), and plaintiff appeals. The suit is not barred by principles of
sovereign immunity as the injunction sought would not enjoin the state
court from proceeding in their own way to exercise jurisdiction in case
proceedings; the district court erred in abstaining in the matter as the
case concerns a dispute over who gets to see newly filed petitions and
when, and neither of those questions is the subject of any pending
state-court proceedings; the case is remanded for further proceedings; on
remand, the district court should give continuing attention to the
delicate issue of avoiding excessive interference by federal courts in
state-court business.