Portia WILLIAMS, Appellant,
v.
The RED BANK BOARD OF EDUCATION, Joan D. Abrams, Individually and as Superintendent of the Red Bank School District, Catherine Cadman, Individually and in her official capacity, Richard T. Doherty, Individually and in his official capacity, Michael S. Ellegood, Individually and in his official capacity, Frances H. Kinkle, Individually and in his official capacity, Ronald D. Sachs, Individually and in his official capacity, Marcelle Seruby, Individually and in her official capacity, Dorothy Setaro, Individually and in her official capacity, Stephen M. Popper, Individually and in his official capacity, and Fred G. Burke, Commissioner of Education of the State of New Jersey, in his official capacity, Appellees.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 14, 1981.
Decided October 26, 1981.
As Amended November 18, 1981.
Attorney(s) appearing for the Case
Arnold M. Mellk (argued), William A. Fead, Greenberg & Mellk, Trenton, N. J., for appellant.
Robert J. Kelly (argued), William B. McGuire, Lum, Biunno & Tompkins, Newark, N. J., for defendants-appellees, Red Bank Bd. of Ed., Joan D. Abrams, Catherine Cadman, Richard Doherty, Michael S. Ellegood, Frances H. Kinkle, Ronald D. Sachs, Dorothy Setaro and Stephen M. Popper.
James R. Zazzali, Atty. Gen. of New Jersey, Erminie L. Conley, Asst. Atty. Gen., Jaynee LaVecchia, Deputy Atty. Gen. (argued), Trenton, N. J., for appellee, New Jersey State Commissioner of Ed.
Before SEITZ, Chief Judge, and ADAMS and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GARTH, Circuit Judge.
This is an appeal from an order of the district court for the District of New Jersey dismissing a suit brought under 42 U.S.C. § 1983 on the ground that Younger v. Harris,401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and its progeny mandated abstention in favor of a state administrative tenure proceeding brought against a school teacher. We hold that while the district...
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