Daves v. Dallas County, No. 18-11368 (5th Cir. 2022)
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The en banc court vacated the district court's preliminary injunction and remanded to the district court for the limited purpose of conducting such proceedings as it considers appropriate and making detailed findings and conclusions concerning abstention under Younger v. Harris, 401 U.S. 37 (1971), and related caselaw, and on the effect of Senate Bill 6 on the issues in this case.
The court agreed with its sister circuit that, on the appeal from a preliminary injunction, issues relating to whether there is a proper suit at all can be decided, such as the existence of subject-matter and personal jurisdiction and questions regarding abstention. The court concluded that it is possible on this record and briefing to make limited holdings now about whether any defendant was acting on behalf of Dallas County and about standing. In regard to abstention, the court concluded that briefing exists but is cursory. Therefore, the court ordered a limited remand for the district court to conduct such proceedings as it finds appropriate and decide whether abstention is required. Once that decision is made, the court will complete its review.
This opinion or order relates to an opinion or order originally issued on December 28, 2020.
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