Miller v. Nichols, No. 09-1174 - Family Law - U.S. First Circuit
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Miller v. Nichols, No. 09-1174

In plaintiffs' constitutional challenge to the state's removal of their child after termination proceedings and motion for injunctive relief to prevent a foster family's adoption of the child, district court's dismissal of their case is affirmed where: 1) the district court correctly determined that it lacked subject matter jurisdiction to review plaintiffs' motion for injunctive relief to prevent the child's adoption pursuant to the Rooker-Feldman doctrine; and 2) the factual issues underlying plaintiffs' claims were addressed by the state court and are barred by issue preclusion.  

Read Miller v. Nichols, No. 09-1174

Appellate Information

Appeal from the United States District Court for the District of Maine

Decided November 4, 2009

Judges

Before:  Lynch, Chief Judge, Torruella and Boudin, Circuit Judges

Opinion by Lynch, Chief Judge

Counsel

For Appellant:  Eric H. Mehnert, Hawkes & Mehnert, LLP

For Appellee:  Melissa Reynolds O'Dea, Assistant Attorney General, Janet T. Mills, Attorney General of Maine, and Paul Stern, Deputy Attorney General