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COURTHOUSE NEWS SERVICE v. GILMER

No. 21-2632.

48 F.4th 908 (2022)

COURTHOUSE NEWS SERVICE, Plaintiff-Appellant v. Joan M. GILMER, in her official capacity as the Clerk of the Circuit Court of St. Louis County, Missouri; Kathy Lloyd, in her official capacity as State Courts Administrator for the Missouri Office of State Courts Administrator, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 19, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Barbara A. Smith , of Saint Louis, MO. The following attorneys appeared on the appellant brief; James Bennett Clark , of Saint Louis, MO., Katherine Keating , of San Francisco, CA., Jonathan G. Fetterly , of San Francisco, CA., and Roger R. Myers , of San Francisco, CA.

Counsel who presented argument on behalf of the appellees and appeared on the appellees' brief was Jeff P. Johnson , AAG, of Jefferson City, MO.

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges.

This case presents two questions. First, does sovereign immunity protect state-court officials who run an e-filing system that delays public access to newly filed civil petitions? Second, should federal courts abstain from hearing this type of case anyway? We conclude that the answer to both questions is no, so we reverse and...

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