England v. Louisiana State Board of Medical Examiners, 9292.

Citation194 F. Supp. 521
Decision Date31 May 1961
Docket NumberNo. 9292.,9292.
PartiesJerry R. ENGLAND et al., Plaintiffs, v. LOUISIANA STATE BOARD OF MEDICAL EXAMINERS et al., Defendants.
CourtU.S. District Court — Eastern District of Louisiana

Simon & Trice, J. Minos Simon, Lafayette, La., Reed, Reed, Reed & Garvey, Floyd J. Reed, New Orleans, La., Russell Morton Brown, Washington, D. C., for plaintiffs.

Adams & Reese, St. Clair Adams, Jr., Ellis, Lancaster & King, Robert F. LeCorgne, Jr., New Orleans, La., for defendants.

Before JONES, Circuit Judge, and CHRISTENBERRY and WRIGHT, District Judges.

PER CURIAM.

In this proceeding forty chiropractic examiners sought a declaration of their right to practice without complying with the requirements of the Louisiana Medical Practice Act, LSA-R.S. 37:1261 et seq. They challenged the applicability of the Act to their profession, and its constitutionality if so construed. On remand by the Court of Appeals from an initial judgment of dismissal, England v. Louisiana State Board of Medical Exam., 5 Cir., 259 F.2d 626, rehearing denied, 5 Cir., 263 F.2d 661, certiorari denied, 359 U.S. 1012, 79 S. Ct. 1149, 3 L.Ed.2d 1036, this court was convened. Applying principles recently reaffirmed by the Supreme Court in City of Meridian v. Southern Bell T. & T. Co., 358 U.S. 639, 79 S.Ct. 455, 3 L.Ed.2d 562; Louisiana Power & Light Co. v. Thibodaux City, 360 U.S. 25, 79 S.Ct. 1070, 3 L.Ed.2d 1058; Harrison v. N. A. A. C. P., 360 U.S. 167, 79 S.Ct. 1025, 3 L.Ed.2d 1152; and Martin v. Creasy, 360 U.S. 219, 79 S.Ct. 1034, 3 L.Ed.2d 1186, we abstained and remitted the parties to the courts of Louisiana so that those tribunals might "determine the issues here presented." Jurisdiction was retained "to take such steps as may be necessary for the just disposition of the litigation should anything prevent a prompt state court determination." England v. Louisiana State Board of Medical Examiners, D.C.E.D.La., 180 F.Supp. 121, 124.

Appropriate proceedings were filed in the state courts and the Louisiana Court of Appeal ultimately found against plaintiffs' contention, expressly holding that the application of the Medical Practice Act to chiropractic examiners, though it effectively deprived them of an opportunity to practice their healing art, did not violate any provision of the Federal Constitution. England v. Louisiana State Board of Medical Exam., La. App., 126 So.2d 51. On February 15, 1961, the Louisiana Supreme Court refused to review that decision, stating "The judgment of the Court of Appeal is correct." La.Sup.Ct. No. 45,509. No appeal was taken to the Supreme Court of the United States. Instead, plaintiffs now return to this court and ask us to proceed to adjudicate the constitutional issues. Defendants pray for dismissal of the cause.

In this posture, the case points up the dilemma of a litigant who has invoked the jurisdiction of a federal court to assert a claimed constitutional right and finds himself remitted to the state tribunals. On the one hand, in view of Government & Civic Employees Organizing Committee v. Windsor, 353 U.S. 364, 77 S.Ct. 838, 1 L.Ed.2d 894, he dare not restrict his state court case to local law issues. On the other, if, as required by Windsor, he raises the federal questions there, well established principles will bar a relitigation of those issues in the United States District Court. Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362. Since, in the usual case, no question not already passed on by the state...

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4 cases
  • England v. Louisiana State Board of Medical Examiners, 7
    • United States
    • U.S. Supreme Court
    • January 13, 1964
    ...on by the state courts will remain, he is thereby effectively deprived of a federal forum for the adjudication of his federal claims.' 194 F.Supp. 521, 522. Appellants appealed directly to this Court under 28 U.S.C. § 1253, and we noted probable jurisdiction. 372 U.S. 904, 83 S.Ct. 714, 9 L......
  • Hjelle v. Brooks
    • United States
    • U.S. District Court — District of Alaska
    • December 9, 1976
    ...When they returned to the district court, plaintiffs' claims were dismissed on grounds of res judicata and full faith and credit. 194 F.Supp. 521 (E.D. La.1961). On review by the Supreme Court, it held that federal plaintiffs were not required to submit to the state court the federal issue,......
  • Camacho v. Rogers
    • United States
    • U.S. District Court — Southern District of New York
    • October 19, 1961
    ...York, 2 Cir., 1939, 102 F.2d 453; Baker Drive-away Co. v. Hamilton, D.C.M.D.Pa.1939, 29 F.Supp. 693; England v. Louisiana State Board of Medical Examiners, D.C. E.D.La.1961, 194 F.Supp. 521. If there are any rights available to plaintiff by virtue of the Civil Rights Act of 1960 (42 U.S.C.A......
  • England v. Louisiana State Board of Medical Examiners
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • November 9, 1965
    ...for the second time on the ground that it was without authority to review the state court action. England v. Louisiana State Board of Medical Examiners, E.D.La., 194 F.Supp. 521 (1961). The Supreme Court reversed and remanded for a trial in the federal court on the merits of the constitutio......

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