Filed: Mar. 02, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3246 _ L'Keith Antwan Irving lllllllllllllllllllll Plaintiff - Appellant v. Corporal Heath Dickson; Officer Chris Bruno lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Arkansas - Hot Springs _ Submitted: February 13, 2018 Filed: March 2, 2018 [Unpublished] _ Before GRUENDER, MURPHY, and KELLY, Circuit Judges. _ PER CURIAM. In this 42 U.S.C. § 1983 action, L’Keith Irv
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3246 _ L'Keith Antwan Irving lllllllllllllllllllll Plaintiff - Appellant v. Corporal Heath Dickson; Officer Chris Bruno lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Arkansas - Hot Springs _ Submitted: February 13, 2018 Filed: March 2, 2018 [Unpublished] _ Before GRUENDER, MURPHY, and KELLY, Circuit Judges. _ PER CURIAM. In this 42 U.S.C. § 1983 action, L’Keith Irvi..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-3246
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L'Keith Antwan Irving
lllllllllllllllllllll Plaintiff - Appellant
v.
Corporal Heath Dickson; Officer Chris Bruno
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
____________
Submitted: February 13, 2018
Filed: March 2, 2018
[Unpublished]
____________
Before GRUENDER, MURPHY, and KELLY, Circuit Judges.
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PER CURIAM.
In this 42 U.S.C. § 1983 action, L’Keith Irving appeals after the district
court--in light of a then-pending proceeding in state court--dismissed Irving’s
complaint preservice and without prejudice, based on abstention under Younger v.
Harris,
401 U.S. 37 (1971). Irving also moves in this court for leave to amend his
complaint.
Upon careful review, we conclude that the dismissal based on Younger was
improper. See Norwood v. Dickey,
409 F.3d 901, 903 (8th Cir. 2005) (abuse-of-
discretion standard of review); cf. Yamaha Motor Corp., U.S.A. v. Riney,
21 F.3d
793, 797 (8th Cir. 1994) (necessary predicate for Younger dismissal is the
opportunity to raise and have timely decided by competent state tribunal the federal
issues involved). We thus vacate the dismissal order and remand this case to the
district court for further proceedings. We also deny Irving’s motion seeking this
court’s permission to amend his complaint.
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