Henke-Clarson Funeral Service, LLC v. Jackson

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.

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