Oscar Thomie v. B. E. Dennard, 459 F.2d 1037 (5th Cir. 1972). · Go Syfert
Oscar Thomie v. B. E. Dennard, 459 F.2d 1037 (5th Cir. 1972). Cases Citing This Book View Copy Cite
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Oscar THOMIE Et Al., Plaintiffs-Appellants,
v.
B. E. DENNARD Et Al., Defendants-Appellees
30595.
Court of Appeals for the Fifth Circuit.
May 16, 1972.
Published opinion
459 F.2d 1037
1972 U.S. App. LEXIS 9523
Thomas M. Jackson, Macon, Ga., Jack Greenberg, Jonathan Shapiro, Charles S. Ralston, New York City, for plaintiffs-appellants., Manley F. Brown, Macon, Ga., D. P. Hulbert, Tom W. Daniel, Aultman, Hul-bert, Buice & Cowart, Perry, Ga., for defendants-appellees.
Thornberry, Coleman, Ingraham.
Cited by 2 opinions  |  Published
PER CURIAM:

The instant suit was filed on May 22, 1970, as a class action on behalf of plaintiffs and other Negro citizens similarly situated, seeking injunctive relief against pending and future prosecutions pursuant to the parade ordinance of Perry, Georgia and a declaratory judgment that said ordinance was facially unconstitutional as a derogation of plaintiffs’ right of free speech.

The district court, after holding a full hearing on the merits of the controversy, denied relief on the basis that the anti-injunction statute 28 U.S. C.A. § 2283 barred relief. Moreover, the court concluded, in regard to the exception provided by Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965), that the evidence failed to establish a threat of irreparable harm or a purpose by the state to harass, intimidate, or otherwise discourage the Negro citizens of Perry from exercising their right of free speech. Although these findings were made by the district court on July 9, 1970, well before the Supreme Court’s decision in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), they substantially conform to the requirements enunciated in that case. Moreover, we find no unusual circumstances present in the instant case sufficient to overcome the strong policy against federal interference with pending state criminal prosecutions. See also Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971); Boyle v. Landry, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Perez v. Ledesma, 401 U.S. 82, 91 S.Ct. 674, 27 L.Ed.2d 701 (1971); Dyson v. Stein, 401 U.S. 200, 91 S.Ct. 769, 27 L.Ed.2d 781 (1971); Byrne v. Karalexis, 401 U.S. 216, 91 S.Ct. 777, 27 L.Ed.2d 792 (1971).

Affirmed.