Does a federal court have to abstain from hearing a civil rights claim arising from a criminal case?
MultiRegion, United States of America
The following excerpt is from Melger v. Hopper, No. 2:17-CV-0224-JAM-CMK-P (E.D. Cal. 2018):
Younger abstention bars the federal court from hearing a civil rights claim arising from an ongoing criminal prosecution. See Younger v. Harris, 401 U.S. 37 (1971). Here, to the extent the criminal prosecution against plaintiff is ongoing, this court must abstain from hearing the matter.
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What jurisdiction does the federal district court have to hear a civil rights action to redress the deprivation of civil rights? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
How have courts dealt with civil rights claims in civil cases? (MultiRegion, United States of America)
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction? (MultiRegion, United States of America)
In a federal habeas review of a claim of insufficiency of evidence in a criminal case, what are the requirements for the federal court to consider all evidence? (MultiRegion, United States of America)
