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GILBERTSON v. ALBRIGHT

No. 02-35460.

381 F.3d 965 (2004)

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; Richard H. Zbinden, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2004.

Attorney(s) appearing for the Case

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

Richard D. Wasserman, Department of Justice, Civil/Administrative Appeals Unit, Salem, OR, for the defendants-appellees.

Before: SCHROEDER, Chief Judge, PREGERSON, O'SCANNLAIN, RYMER, KLEINFELD, SILVERMAN, GRABER, WARDLAW, FISHER, RAWLINSON, and BYBEE, Circuit Judges.

RYMER, Circuit Judge:

May Younger1 abstention apply in an action for damages pursuant to 42 U.S.C. § 1983 that relates to a pending state proceeding, and if so, should the action be dismissed or stayed?

This is the question that prompted us to go en banc in Gilbertson v. Albright, 350 F.3d 1030 (9th Cir.2003), and American Consumer Publishing Ass'n, Inc. v. Margosian,...

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