Cabal v. State of Texas

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 11, 2002
• Docket: 02-50504
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50504 Summary Calendar

JESUS ALBERTO CABAL,

Plaintiff-Appellant,

versus

STATE OF TEXAS,

Defendant-Appellee. ________________________________________________________________

Appeal from the United States District Court for the Western District of Texas (SA-02-CV-255) ________________________________________________________________ October 10, 2002

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Jesus Alberto Cabal appeals from the district court's

dismissal of his action seeking declaratory and injunctive relief

while challenging the constitutionality of TEX. PENAL CODE § 22.021.

Cabal alleged he was indicted under the statute for aggravated

sexual assault of a child. Because those Texas criminal

proceedings were still pending, the district court determined it

should abstain from hearing the case, pursuant to Younger v.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Harris, 401 U.S. 37 (1971). Cabal contends this federal action

falls within the bad-faith exception to the Younger doctrine

because the state prosecution is part of a conspiracy against him

by federal and state officials.

The district court did not abuse its discretion in abstaining.

See Nationwide Mut. Ins. Co. v. Unauthorized Practice of Law Comm.,

283 F.3d 650, 652 (5th Cir. 2002)(decision to abstain is reviewed

for abuse of discretion, but whether elements of particular

abstention doctrine are met is reviewed de novo). Cabal has not

shown that the state prosecution was undertaken in bad faith or

with an intent to harass him. See Younger, 401 U.S. at 56; Perez

v. Ledesma, 401 U.S. 82, 85 (1971).

AFFIRMED