ICLAWBLOG – Katrina and Scruggs developments, January 24

Katrina and Scruggs developments, January 24

Hood has been a prisoner of his office for months now, reduced to a sort of Capt. Queeg-like state, mumbling about going after makers of fake contact lenses while clacking ball bearings in his hand. But apparently he’s decided on a jail break — he’s trying to bust right out of that injunction and get back to where he once belonged, when he was riding high with his confidential informant and the Rigsby sisters. A real golden oldie, straight from the Nostalgia File. I half expect to see Hood at a press conference dressed up as Elvis, playing Blue Hawaii on an 8-track player and holding a lighter aloft in tribute to better days gone by.

I read the AG’s memorandum in support of his motion, and here’s what I don’t get: the point of the memo is that, under the Younger doctrine, federal courts should not restrain state prosecutions unless there is “great and immediate” irreparable injury beyond the normal injury from being prosecuted in good faith. The AG tries to load up the description of the doctrine so that it sounds impossibly crazy that this standard could ever be met:

The ‘bad faith’ exception, is not merely a finding of bad faith, but rather bad faith joined with harassment, an absence of cause to prosecute, and great irreparable injury. (Memo, p. 7).

Insurance Coverage Blog
1/24/8