Star-Satellite, Inc. v. Louis Rosetti

Fifth Circuit

Star-Satellite, Inc. v. Louis Rosetti

441 F.2d 650, 1971 U.S. App. LEXIS 10438

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 30, 1971

Docket29830

StatusPublished

Cited by7 cases

This text of 441 F.2d 650 (Star-Satellite, Inc. v. Louis Rosetti) 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

Star-Satellite, Inc. v. Louis Rosetti, 441 F.2d 650, 1971 U.S. App. LEXIS 10438 (5th Cir. 1971).

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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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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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441 F.2d 650, 1971 U.S. App. LEXIS 10438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/star-satellite-inc-v-louis-rosetti-ca5-1971.

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