Federal 7th Circuit Court
Civil Court
Motion to Dismiss
Plaintiff filed an action asking the federal court to intervene in an eminent domain action proceeding in state court, and requesting that the federal court enjoin the state court proceedings and award damages for alleged constitutional and federal law violations. The district court dismissed the complaint for failure to state a claim and plaintiff appealed. The Seventh Circuit affirmed, explaining that the plaintiffs claims had been raised in the state court condemnation proceedings and that they could not relitigate them as “thinly disguised” federal claims. (KIRSCH and KOLAR, concurring)