In plaintiff's 42 U.S.C. section 1983 suit against various state officials claiming that his termination from the Michigan Gaming Control Board (MGCB) was the result of a newspaper article quoting the plaintiff about his two citizen state court suits seeking to compel enforcement of the state's liquor licensing laws and the MGCB's employee qualification rules, dismissal of the suit under Younger v. Harris is vacated and remanded as Younger does not apply when the federal plaintiff is also the plaintiff in the state court action, and the plaintiff is not attempting to use the federal courts to shield him from state court enforcement efforts.
Argued: December 1, 2009
Decided and Filed: February 12, 2010
Opinion by Circuit Judge Rogers
For Appellant: Patrick J. Devlin, Patrick J. Devlin, PC
For Appellee: Ann M. Sherman, Jason D. Hawkins, Office of the Michigan Attorney General