Miller v. Nichols, No. 09-1174
In plaintiffs' constitutional challenge to the state's removal of their child after termination proceedings and motion for injunctive relief to prevent a foster family's adoption of the child, district court's dismissal of their case is affirmed where: 1) the district court correctly determined that it lacked subject matter jurisdiction to review plaintiffs' motion for injunctive relief to prevent the child's adoption pursuant to the Rooker-Feldman doctrine; and 2) the factual issues underlying plaintiffs' claims were addressed by the state court and are barred by issue preclusion.
Appeal from the United States District Court for the District of Maine
Decided November 4, 2009
Opinion by Lynch, Chief Judge
For Appellant: Eric H. Mehnert, Hawkes & Mehnert, LLP
For Appellee: Melissa Reynolds O'Dea, Assistant Attorney General, Janet T. Mills, Attorney General of Maine, and Paul Stern, Deputy Attorney General