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ZANDERS v. SWANSON

No. 08-3221.

573 F.3d 591 (2009)

Rashard ZANDERS; Lydia Howell; Jill M. Waite; Communities United Against Police Brutality, an association, in behalf of its members; Michelle Gross; Darryl Robinson; Malcolm Labon; Trisha Farkarlun, Plaintiffs-Appellants, v. Lori SWANSON, in her official capacity as Attorney General of the State of Minnesota; Susan Segal in her official capacity as Minneapolis City Attorney, Defendants-Appellees, Michael O. Freeman, in his official capacity as Hennepin County Attorney, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2009.

Attorney(s) appearing for the Case

Jill Elenor Clark, argued, Golden Valley, MN, for appellant.

Sara Jeanne Lathrop, AAG, argued, Minneapolis, MN, John S. Garry, AAG, on the brief, St. Paul, MN, for appellee.

Before COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

The district court1 dismissed Plaintiffs' pre-enforcement challenge to Minnesota state criminal statute section 609.505 based upon lack of standing and, in the case of Trisha Farkarlun, an application of the Younger2 abstention doctrine. Plaintiffs appeal and we affirm.

I. BACKGROUND

Plaintiffs are comprised of various individuals and groups, all of whom allege...

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