Full title: HENKE-CLARSON FUNERAL SERVICE, LLC, HENKE-CLARSON FUNERAL HOME, CASSANDRA…
Court: United States District Court, W.D. Wisconsin
06-C-050-S.
Date published: Mar 8, 2006
Fact:
- The plaintiffs filed a motion for preliminary injunction and preliminary pre-trial conference.
- The plaintiffs were represented by Nowlan Mouat by David Moore, while the defendants were represented by Peggy A. Lautenschlager, Attorney General, by Corey F. Finkelmeyer, Assistant Attorney General.
- The Honorable John C. Shabaz, District Judge, presided over the hearing on March 8, 2006.
Issue:
- Whether the Younger abstention doctrine applies to the action brought by the plaintiffs.
Decision:
- The court determined that the Younger abstention doctrine applies based on the three-part test established in Middlesex County Ethics Comm. v. Garden State Bar Ass’n.
- The ongoing state judicial proceeding, initiated by a formal complaint filed by the Department of Regulation and Licensing against the plaintiffs, constitutes a judicial proceeding.
- The state proceedings implicate important state interests, particularly in maintaining professional conduct, as demonstrated by the involvement of state agencies.
- There is an adequate opportunity in the state proceedings to raise constitutional challenges, as judicial review of administrative decisions is available.
- Without evidence of bad faith, harassment, or other exceptional circumstances, the court dismissed the plaintiffs’ complaint without prejudice, applying the Younger abstention doctrine.