Star-Satellite, Inc. v. Louis Rosetti
STAR-SATELLITE, INC., Plaintiff-Appellant, v. Louis ROSETTI Et Al., Defendants-Appellees
Opinion
PER CURIAM:
Appellant, the operator of a news store in Biloxi, Mississippi, filed this civil rights action under 42 U.S.C.A. § 1983 against the appellee, Louis Rosetti, the Chief of Police of Biloxi, and others, seeking to enjoin the further prosecution of a pending state criminal action against one of its employees for alleged violation of the Mississippi Obscenity Law, and to enjoin defendants-appellees from any future seizures of appellant’s movie machines and films in the absence of a prior adversary judicial hearing on the question of obscenity of the materials. The court below denied the injunctive relief sought and dismissed appellant’s action on the merits.
*651 The supervening Supreme Court decisions in Younger v. Harris, 1971, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 [1971]; Samuels v. Mackell, 1971, 401 U.S. 66 , 91 S.Ct. 764 , 27 L.Ed.2d 688 [1971]; and Perez v. Ledesma, 1971, Part I, 401 U.S. 82 , 91 S.Ct. 674 , 27 L.Ed.2d 701 [Feb. 23, 1971], make it clear that appellant was not due to have its complaint considered on the merits. No irreparable harm in the form of bad faith, harassment or otherwise is alleged. The proper disposition of this case under these decisions is to dismiss the complaint without reaching the merits. Samuels v. Mackell, supra.
Peoples v. City of Birmingham, 5th Cir. 1971, 440 F.2d 1352 [1971]; Thevis v. Moore, 5th Cir. 1971, 440 F.2d 1350 [1971]; Gornto v. Thomas, 5th Cir. 1971, 439 F.2d 1406 [1971]; Gordon v. Landrieu, 5th Cir. 1971, 442 F.2d 926 [1971], We vacate and remand with direction that the complaint be dismissed for failure to state a claim for federal intervention.
Vacated and remanded with direction.
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Cited by 6 cases
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- Reverend John M. Perkins v. State of Mississippi
- John W. Reed, Grant Cooper v. Clarence Giarrusso
- Pat Hudson and William Charles Deich, III v. Joseph Wanick, in His Capacity as City Attorney in and for the City of Miami Beach, No. 71-1374 Summary Calendar
- Rhyne v. Childs
- Pat Hudson and William Charles Deich, III v. Joseph Wanick, in His Capacity as City Attorney in and for the City of Miami Beach
- Ferdinand v. Garrison
Most recent
- Rhyne v. Childs
- Ferdinand v. Garrison
- John W. Reed, Grant Cooper v. Clarence Giarrusso
- Reverend John M. Perkins v. State of Mississippi
- Pat Hudson and William Charles Deich, III v. Joseph Wanick, in His Capacity as City Attorney in and for the City of Miami Beach
- Pat Hudson and William Charles Deich, III v. Joseph Wanick, in His Capacity as City Attorney in and for the City of Miami Beach, No. 71-1374 Summary Calendar
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