Sweeney v. Bartow

Federal 7th Circuit Court
Civil Court
Abstention
Citation
Case Number: 
No. 10-1447
Decision Date: 
July 8, 2010
Federal District: 
E.D. Wisc.
Holding: 
Request for certificate of appealability denied
Dist. Ct. did not err in dismissing on abstention grounds defendant's habeas petition alleging that state's promised use of defendant's third-degree sexual assault convictions to support pending state-court petition to civilly commitment defendant as sexually violent person violated Ex Post Facto Clause. Record showed that no commitment order had been entered at time of habeas petition, and abstention was required under Younger, 401 US 37, to preclude Dist. Ct. from interfering with instant important state-court civil commitment proceeding.