Alga, Inc. v. David Crosland

Fifth Circuit

Alga, Inc. v. David Crosland

459 F.2d 1038, 1972 U.S. App. LEXIS 9524

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 16, 1972

Docket71-2653

StatusPublished

Cited by1 cases

This text of 459 F.2d 1038 (Alga, Inc. v. David Crosland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alga, Inc. v. David Crosland, 459 F.2d 1038, 1972 U.S. App. LEXIS 9524 (5th Cir. 1972).

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Opinion

PER CURIAM:

Appellant Trinkle filed a complaint in the district court on April 8, 1971, seeking to enjoin his further prosecution under Alabama obscenity statutes and a declaratory judgment that such statutes were unconstitutional. It is clear that before a federal court can enjoin a state criminal prosecution, it must be alleged and factually supported that plaintiff is in danger of suffering great and immediate irreparable harm, or that he is being prosecuted in bad faith, without expectation of conviction and only for purposes of harassment. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971); Boyle v. Landry, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Perez v. Ledesma, 401 U.S. 82, 91 S.Ct. 674, 27 L.Ed.2d 701 (1971); Dyson v. Stein, 401 U.S. 200, 91 S.Ct. 769, 27 L.Ed.2d 781 (1971); Byrne v. Karalexis, 401 U.S. 216, 91 S.Ct. 777, 27 L.Ed.2d 792 (1971). Appellant here alleges only that the district court, 327 F.Supp. 1264, erred in finding the presence of none of these factors in the instant case. As we are limited in our review in such a case by Fed.R.Civ.P. 52, we have little choice here but to affirm. See Duncan v. Perez, 5th Cir. 1971, 445 F.2d 557.

Affirmed.

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PER CURIAM:

Appellant Trinkle filed a complaint in the district court on April 8, 1971, seeking to enjoin his further prosecution under Alabama obscenity statutes and a declaratory judgment that such statutes were unconstitutional. It is clear that before a federal court can enjoin a state criminal prosecution, it must be alleged and factually supported that plaintiff is in danger of suffering great and immediate irreparable harm, or that he is being prosecuted in bad faith, without expectation of conviction and only for purposes of harassment. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971); Boyle v. Landry, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Perez v. Ledesma, 401 U.S. 82, 91 S.Ct. 674, 27 L.Ed.2d 701 (1971); Dyson v. Stein, 401 U.S. 200, 91 S.Ct. 769, 27 L.Ed.2d 781 (1971); Byrne v. Karalexis, 401 U.S. 216, 91 S.Ct. 777, 27 L.Ed.2d 792 (1971). Appellant here alleges only that the district court, 327 F.Supp. 1264, erred in finding the presence of none of these factors in the instant case. As we are limited in our review in such a case by Fed.R.Civ.P. 52, we have little choice here but to affirm. See Duncan v. Perez, 5th Cir. 1971, 445 F.2d 557.

Affirmed.

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459 F.2d 1038, 1972 U.S. App. LEXIS 9524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alga-inc-v-david-crosland-ca5-1972.

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