Cheryl Borowski's attorney said his client would now proceed in federal court with her claim that her dismissal was an unconstitutional violation of her First Amendment rights.
May 25, 2023 at 04:53 PM
5 minute read
The U.S. Court of Appeals for the Third Circuit ruled that a U.S. District Court is not precluded under Younger abstention from hearing a case after it was before the New Jersey Civil Service Commission.
The doctrine of Younger abstention only prevents a federal court from stepping in after certain types of state proceedings, and an appeal to the Civil Service Commission does not fall into that category, the panel ruled.
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