· 8/27/2010
SKS & Associates, Inc. v. Dart
Citations
- 619 F.3d 674
- 2010 U.S. App. LEXIS 17916
- 2010 WL 3363493
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Younger “requires federal courts to abstain from taking jurisdiction over federal constitutional claims that seek to interfere with or interrupt ongoing state proceedings” (citing FreeEats.com, Inc. v. Ind., 502 F.3d 590, 595 (7th Cir. 2007))
- stating that Younger abstention is based on the principles of equity, comity, and federalism and “requires federal courts to abstain when a criminal defendant seeks a federal injunction to block his state court prosecution on federal constitutional grounds”
- plaintiff seeking to enjoin state court enforcement of residential eviction rules was not the subject of state enforcement proceeding
- “The civil brand of Younger extends only to a federal suit filed by a party that is the target of state court or administrative proceedings . . .”
- where the plaintiff landlord challenged the state court’s moratorium on evictions during the winter
- “In the pending state eviction actions, SKS is not a target of any effort to enforce state law. It is not even a defendant. Therefore, Younger abstention as we currently understand it does not completely fit here.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kanne, Wood, Hamilton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.