GREEN v. CITY OF TUCSON

No. 99-15625.

217 F.3d 1081 (2000)

Aspen GREEN; Neale Allen, Jon Michael; Dorita Brady; Wallace L. Craig; Judy Lester, Residents and Qualified Electors in Tortolita, Plaintiffs-Appellants, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2000


Attorney(s) appearing for the Case

William J. Risner, Risner & Graham, Tucson, Arizona; Anthony B. Ching, Tempe, Arizona, for the plaintiffs-appellants.

Dennis P. McLaughlin, Principal Assistant City Attorney, Tucson, Arizona; Paul G. Ulrich, Ulrich, Kessler, & Anger, P.C., Phoenix, Arizona, for the defendant-appellee.

Before: LEAVY, T.G. NELSON, and HAWKINS, Circuit Judges.


LEAVY, Circuit Judge:

The plaintiffs appeal the dismissal of their 42 U.S.C. § 1983 action against the City of Tucson. The district court found that abstention under the Younger doctrine was required. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

FACTS

In 1961, the Arizona legislature enacted Arizona Revised Statute § 9-101.01 which provides that a territory within six miles of an incorporated city or town...

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