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GILBERTSON v. ALBRIGHT

No. 02-35460.

350 F.3d 1030 (2003)

Paul Douglas GILBERTSON, Plaintiff-Appellant, v. Stuart H. ALBRIGHT; Keith R. Battleson; Jack W. Burris; Suzanne T. Crane; Charles L. Crump; Yolanda I. Guran-Postlethwaite; Charles W. Hester; Ron A. Hoffine; Robert V. Neathamer; R. Charles Pearson; Ronald E. Stuntzner; David P. Taylor; Robert A. Walker; and Richard H. Zbinden, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2003.

Attorney(s) appearing for the Case

James M. Brown, Enfield Brown Knivila Razor & Cook, Salem, OR, for the plaintiff-appellant.

Richard D. Wasserman, Oregon Department of Justice, Salem, OR, for the defendants-appellees.

Before HALL, GRABER, and GOULD, Circuit Judges.

Submitted September 11, 2003* — Portland, Oregon.

OPINION

GRABER, Circuit Judge.

The question we decide here is whether the doctrine of Younger1 abstention, on which the district court relied in entering a dismissal, barred this civil rights action. We answer "no" and, therefore, reverse and remand for further proceedings.

BACKGROUND2

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