[Download] "Blouin v. Dembitz" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Blouin v. Dembitz
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 13, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SMITH, Circuit Judge: This is an appeal from an order entered in the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, dismissing appellants' ร§ 1983 action against the judges and staff of the New York Family Court, who have admittedly threatened appellants with arrest should they fail to appear at support proceedings instituted by their former wives. Judge Brieant held that the basis of appellants' action--that the state judges had deviated from New York law in that they had notified appellants of the support proceedings solely by mail--involved questions properly left to the state courts. He further found that appellants' action was absolutely barred by the doctrine of Younger v. Harris, 401 U.S. 37, 27 L. Ed. 2d 669, 91 S. Ct. 746 (1971), the exhaustion requirement applied to habeas corpus petitions under 28 U.S.C. ร§ 2254, and the common law of judicial immunity. Since we agree only that the facts here present a prime case for federal abstention, we affirm solely on that ground.