Summary: The Plaintiff filed a motion for declaratory judgment and injunctive relief. The Plaintiff sought a declaration that North Dakota disciplinary law does not apply on an Indian reservation. The Plaintiff also filed a motion for injunctive relief to enjoin the North Dakota Disciplinary Board from administering state disciplinary proceedings against him. The Defendant filed motions to dismiss, contending that the doctrine of abstention, as announced in Younger v. Harris, 401 U.S. 37 (1971), applies. The Court granted the motions to dismiss, finding that the Younger doctrine of abstention applies. The Court denied the motion for declaratory and injunctive relief as moot.
Case Name: Gillette v. ND Disciplinary Board Counsel, Brent Edison
Case Number: 4-08-cv-102
Docket Number: 15
Date Filed: 1/14/09
Nature of Suit: 440
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Vance Gillette,
North Dakota Disciplinary Board Counsel, Brent Edison,
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) ) ORDER GRANTING DEFENDANT’S ) MOTIONS TO DISMISS AND ) DENYING PLAINTIFF’S MOTION ) FOR DECLARATORY JUDGMENT ) AND INJUNCTIVE RELIEF ) ) Case No. 4:08-cv-102 ) ) |