Annie C. Gornto v. Glenn Thomas, Jr., and R. O. Weaver

Fifth Circuit

Annie C. Gornto v. Glenn Thomas, Jr., and R. O. Weaver

439 F.2d 1406, 1971 U.S. App. LEXIS 11335

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 16, 1971

Docket29036

StatusPublished

Cited by9 cases

This text of 439 F.2d 1406 (Annie C. Gornto v. Glenn Thomas, Jr., and R. O. Weaver) 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.

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Annie C. Gornto v. Glenn Thomas, Jr., and R. O. Weaver, 439 F.2d 1406, 1971 U.S. App. LEXIS 11335 (5th Cir. 1971).

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Opinion

PER CURIAM:

Appellant, a bookstore operator under indictment and facing prosecution for allegedly violating the Georgia obscenity laws, Ga. Code §§ 26-2101 and 6301, sought a declaratory judgment that these laws were unconstitutional and that an arrest warrant could not be issued without a prior adversary hearing. She also sought injunctive relief to avoid prosecution and for other purposes.

The district court dismissed the complaint on the merits and this appeal followed. The supervening Supreme Court decisions in Younger v. Harris, 1971, 401 U.S. 37, 91 S.Ct. 746, 28 L.Ed.2d 669 [Feb. 23, 1971]; Samuels v. Mackell, 1971, 401 U.S. 66, 91 S.Ct. 764, 28 L.Ed.2d 688, [Feb. 23, 1971]; Perez v. Ledesma, 1971, Part I, 401 U.S. 82, 91 S.Ct. 674, 28 L.Ed.2d 701 [Feb. 23, 1971], make it clear that appellant was not due to have her complaint considered on the merits. No irreparable damage in the form of bad faith, harassment or otherwise is alleged. The proper disposition under these decisions is to dismiss the complaint without reaching the merits. Samuels v. Mackell, supra. 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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PER CURIAM:

Appellant, a bookstore operator under indictment and facing prosecution for allegedly violating the Georgia obscenity laws, Ga. Code §§ 26-2101 and 6301, sought a declaratory judgment that these laws were unconstitutional and that an arrest warrant could not be issued without a prior adversary hearing. She also sought injunctive relief to avoid prosecution and for other purposes.

The district court dismissed the complaint on the merits and this appeal followed. The supervening Supreme Court decisions in Younger v. Harris, 1971, 401 U.S. 37, 91 S.Ct. 746, 28 L.Ed.2d 669 [Feb. 23, 1971]; Samuels v. Mackell, 1971, 401 U.S. 66, 91 S.Ct. 764, 28 L.Ed.2d 688, [Feb. 23, 1971]; Perez v. Ledesma, 1971, Part I, 401 U.S. 82, 91 S.Ct. 674, 28 L.Ed.2d 701 [Feb. 23, 1971], make it clear that appellant was not due to have her complaint considered on the merits. No irreparable damage in the form of bad faith, harassment or otherwise is alleged. The proper disposition under these decisions is to dismiss the complaint without reaching the merits. Samuels v. Mackell, supra. 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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439 F.2d 1406, 1971 U.S. App. LEXIS 11335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/annie-c-gornto-v-glenn-thomas-jr-and-r-o-weaver-ca5-1971.

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