NCJ Number
15802
Journal
New York University Law Review Volume: 48 Issue: 5 Dated: (NOVEMBER 1973) Pages: 965-990
Date Published
1973
Length
26 pages
Annotation
A DISCUSSION OF THE PROPRIETY OF FEDERAL INJUNCTIVE OR DECLATORY RELIEF FROM STATE PROSECUTION IN THE CASE OF COMITY, EQUITABLE RESTRAINT, PARALLEL PLAINTIFFS, AND THREATENED OR FUTURE PROSECUTIONS.
Abstract
YOUNGER HELD THAT FEDERAL COURTS MAY NOT ISSUE INJUNCTIVE OR DECLARATORY RELIEF WITH RESPECT TO PENDING STATE CRIMINAL PROSECUTIONS BECAUSE (AS THE SUPREME COURT HELD) COURTS SHOULD NOT GRANT EQUITABLE REMEDIES WHERE LEGAL REMEDIES EXIST, AND SHOULD NOT GRANT INJUNCTIVE RELIEF UNLESS THE DEFENDANT SHOWS THAT HE WILL SUFFER IRREPARABLE INJURY IF AN INJUNCTION IS NOT GRANTED. FURTHERMORE, THE PRACTICE OF COMITY ENJOINS FEDERAL COURTS FROM ISSUING RELIEF. HOWEVER, SUBSEQUENT DECISIONS SHOW THAT DECLARATORY RELIEF MAY BE FREELY GRANTED IF NO PROSECUTIONS ARE PENDING UNDER THE CONTESTED STATUTE. CIRCUMVENTING THE THEORY OF COMITY, THE SUPREME COURT HAS RESTRICTED ITS INTERPRETATION OF YOUNGER BY GRANTING DECLARATORY RELIEF IN PARALLEL PLAINTIFF CASES, EVEN WHERE THIS RELIEF COULD RESULT IN SIGNIFICANT INTERFERENCE WITH STATE PROCEEDINGS. SINCE PARALLEL PLAINTIFFS CAN OBTAIN RELIEF WHILE NOT ACTUALLY UNDER PROSECUTION, THE AUTHOR ARGUES THAT RELIEF SHOULD BE AVAILABLE IN CASES OF THREATENED PROSECUTIONS IN THE EVENT THAT A STATE COURT DEFENDANT INTENDS TO ENGAGE IN THE PROSCRIBED ACTIVITY IN THE FUTURE.