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ARKEBAUER v. KILEY

No. 90-3206.

751 F.Supp. 783 (1990)

Roger ARKEBAUER, Plaintiff, v. Michael KILEY, Individually and as State's Attorney of Shelby County, Illinois, Defendant.

United States District Court, C.D. of Illinois, Springfield Division.

November 30, 1990.

Attorney(s) appearing for the Case

D. Peter Wise, Springfield, Ill., for plaintiff.

Carol J. Barlow, Asst. Atty. Gen., Springfield, Ill., for defendant.

OPINION

RICHARD MILLS, District Judge:

One of the most fundamental maxims governing the relationship between the federal government and individual states is that federal courts should refrain from enjoining pending state criminal prosecutions. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971).

This principle is based upon the concept of Our Federalism, a recognition of and sensitivity to the...

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