[DOWNLOAD] "Desis Pizza, Inc. v. City of Wikes-Barre" by Third Circuit U.S. Court Of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Desis Pizza, Inc. v. City of Wikes-Barre
• Author : Third Circuit U.S. Court Of Appeals
• Release Date : January 06, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Desis Pizza, Inc., Desis Famous Pizza, Inc., Desis Pizza WP, Inc., D.F.P. Franchising, Inc., Francis Desiderio, and Martin Desiderio (collectively the "plaintiffs") commenced this action against the City of Wilkes-Barre, Pennsylvania, and several city officials. The plaintiffs asserted that the defendants had violated their constitutional rights to due process and equal protection and had violated several federal civil rights statutes. Most but not all of the challenged actions taken by the defendants concerned a bar and restaurant known as Desis Pizza, which was found by a state court to be a common nuisance and was closed down by the state court for a year. The District Court dismissed the plaintiffs complaint under the Rooker-Feldman doctrine, holding that the plaintiffs federal claims were inextricably intertwined with the state court decision. We hold that the Rooker-Feldman doctrine does not bar the plaintiffs equal protection claim, their federal statutory discrimination claims, and their substantive due process claim. We also conclude that we cannot determine from the face of the complaint whether the plaintiffs procedural due process claim is inextricably intertwined with the state court decision, and we therefore vacate the order dismissing that claim and remand for the plaintiffs to set out the claim with sufficient detail to enable the District Court to determine whether it is inextricably intertwined with the state court decision.

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