Triple "S" Wildlife Ranch, LLC et al v. Oklahoma Department of Wildlife Conservation et al

Filing 53

ORDER dismissing action without prejudice (case terminated) (lal, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
TRIPLE “S” WILDLIFE RANCH and
STEVEN M. SEIBERT,
Plaintiff,
v.
STATE OF OKLAHOMA ex rel.
OKLAHOMA DEPARTMENT OF
WILDLIFE CONSERVATION, et al.,
Defendants.

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Case No. CIV-14-395-RAW

ORDER
This matter came on for hearing on November 4, 2014 on plaintiff’s motion for
preliminary injunction. For the reasons stated at the hearing, the action is dismissed. The
court heard testimony of defendant Ricky Rushing and determined that no further testimony
was necessary for the court to render its decision.
Abstention under Younger v. Harris, 401 U.S. 37 (1971) is warranted when (1) there
are ongoing state criminal, civil or administrative proceedings; (2) the state court offers an
adequate forum to hear the federal plaintiff’s claims from the federal lawsuit; and (3) the
state proceeding concerns important state interests, matters which traditionally look to state
law for their resolution or implicate separately articulated state policies. See Lyman v. San
Juan County, 2014 WL 5293700 (10th Cir.2014). The court found these elements satisfied
in the present case.

Some disagreement (between defendants) was presented about (1) the fact that this
case was filed before the criminal prosecution began and (2) this action did not seek to enjoin
the state prosecution itself. As to (1), the court is persuaded “the doctrine also may apply
even when the state prosecution begins after the federal complaint has been filed.” See
Kingston v. Utah County, 161 F.3d 17, *3 (10th Cir.1998)(emphasis added). As to (2), the
court finds indirect interference may nevertheless be present. “Effectively, by seeking
declaratory and injunctive relief from this Court, Plaintiffs are challenging the warrant (or
warrants) which are involved in a proceeding before the state Court, and these issues are not
properly before the Court.” Smith v. Lexington-Fayette Urban County Government, 2008
WL 5110762 (E.D.Ky.2008).
It is the order of the court that this action is hereby dismissed without prejudice.
ORDERED THIS 4th DAY OF NOVEMBER, 2014.

Dated this 4th day of November, 2014.

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