Skip to main content

Younger Doctrine and Federal Intervention into State Court Criminal Action

Safe Haven Sober Houses v. City of Boston, 517 F.Supp.2d 557 (D.Mass. 2007).
When Boston brought criminal proceedings against the owners and operators of homes for recovering alcoholics and drug users, those Defendants filed a preliminary injunction to stay the state criminal court proceedings. The Defendants argued that the court should analyze the motion under the traditional four-part test 1) likelihood of success on the merits 2) irreparable harm 3) balancing of the equities, and 4) the effect on the public interest of either the granting or denial of the injunction. The court analyzed the case under the Younger doctrine which prohibits a federal court from intervening in a state court criminal proceeding except under the following unusual circumstances: 1) "a statute that is 'flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph, and in whatever manner and against whomever an effort might be made to apply it' (2) state prosecutions brought in bad faith without 'any expectation of securing valid convictions' or (3) when it 'plainly appears' that pursuing claims in pending state proceedings 'would not afford adequate protections.'" Id. at 561-62 (quoting Younger v. Harris, 401 U.S. 37 (1971))

The court summarily dismissed the first prong of the analysis and spent more time on the second. Relying on Dombrowski "the seminal bad faith prosecution case identified in Younger" the court recited the two-prong analysis for state prosecutions brought in bad faith: (1) "'a prosecution has been brought without reasonable expectation of abtaining a valid conviction;'and (2) the defendants cannot adequately assert their claims because of an unavailable or biased state forum." Safe Haven, F.Supp 2d at 562-63. Finding that the city was not harassing the housing providers as it was responding to the providers' violations of zoning and building regulations. The court found this prong inapplicable as well.

Further, the court elaborated on the third prong, the adequacy of state protections, as applicable "(1) when a state forum is biased or (2) when a state forum cannot provide a remedy." Id. at 566. The court found this prong inapplicable. The motion for the preliminary injunction was denied.

Comments

Popular posts from this blog

SunTrust $21Million Settlement with DOJ

This past Thursday, Businessweek covered a massive settlement in a federal lawsuit alleging racial discrimination in SunTrust’s lending practices. The suit, filed by the US DOJ, was filed in the U.S. District Court in Richmond, VA, alleging more than 20,000 African-American and Hispanic borrowers were charged more than similarly-situated and qualified non-Hispanic white borrowers, between 2005 and 2009. The suit alleged that minority borrowers in 75 geographic markets from Virginia Beach, VA to San Francisco, CA, paid more in loan fees, or were charged higher interest rates based solely on race or national origin. A consent order filed with the complaint says SunTrust denies any wrongdoing, but agreed to the settlement. "SunTrust strongly believes in the principles of fair lending," company spokesman Mike McCoy in Atlanta said. "We are pleased to have reached a settlement and put this matter behind us." Settlements like this come as a surprise, considering the...

Housing Discrimination Alive and Well in the 21st Century

Some people are in denial that in this day and age, discrimination simply does not exist anymore. Taking things at face value, one can see how an individual may be lulled into a false sense of security – legislation designed to protect minorities, affirmative action, et cetera, exist for the advancement of colored peoples in this nation. However, according to a recent study by the Consumer Action group , all is not fair in home and housing. Consumer Action contacted 5,000 community organizations across the country, compiling information from 549 respondents, who reported “serious issues with housing discrimination.” The survey shows that immigrants, the disabled, and families with children aren’t welcome in some places, and that “immigrants face the greatest hardships in finding legal recourse for housing discrimination.” One reason, Consumer Action claims, may be cultural barriers. Non-English-speaking minorities could be left out in the cold by unfair housing practices. The study ...

"Pinklining"? Innovative way to deny women home loans

From redlining to  “pinklining,” a term most people have probably never heard, is hurting women and especially women of color.  The term comes from the 1970's term   redlining . T he term used by governments, agencies, banks and other lenders to deny people of color access to mortgages and credit. Those in charge of public policy and lending practices would draw a redline around certain neighborhoods with high concentrations of minorities and deny them financing and other forms of credit if they lived within those lines. Now, more specifically lenders are using the term "pinklining" ala redlining to identify neighborhoods and deny woman of color the chance to buy homes. Is There a Gender Gap in Home Equity Loans? (investopedia.com)