Zachary Mulholland v. Marion County Election Board
ZACHARY MULHOLLAND |
MARION COUNTY ELECTION BOARD |
13-3027 |
September 16, 2013 |
U.S. Court of Appeals, Seventh Circuit |
Other Civil Rights |
Opinions
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Description |
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Mulholland v. Marion Cnty. Election Bd. |
Available Case Documents
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Document Text |
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Filing 702194761 Filed opinion of the court by Judge Hamilton. Because the district court erred in dismissing the case under Younger, we REVERSE that decision and REMAND for further proceedings, with the additional instruction that the district court consider promptly whether to issue a preliminary injunction against the Board, keeping in mind the primary election scheduled for May 6, 2014. Nothing in this opinion should be understood to prevent the Election Board from making any arguments it wishes to make about changes in applicable law or other circumstances preventing application of issue preclusion based on the Ogden final judgment. Such arguments, though, will need to be raised in the federal court. The mandate shall issue immediately. Richard A. Posner, Circuit Judge; Joel M. Flaum, Circuit Judge and David F. Hamilton, Circuit Judge. [6561061-1] [6561061] [13-3027] |
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Plaintiff - appellant: ZACHARY MULHOLLAND | |
Represented By: | Kenneth J. Falk |
Represented By: | Gavin M. Rose |
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Defendant - appellee: MARION COUNTY ELECTION BOARD | |
Represented By: | Alan S. Townsend |
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