Michael Anthony Deem v. Lorna DiMella-Deem, et al.
SocialSecurity DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Does a federal court have a right to decline the exercise of jurisdiction over federal-question claims?
QUESTIONS PRESENTED Petitioner, a fit parent that exceeded minimum standards of care for both of his children (then 11 and 12 years old), filed federal-question claims against Respondents for, inter alia, effectively terminating his parental and associational rights with his children, based on fabricated allegations and denial of any semblance of due process. The District Court summarily dismissed the complaint pursuant to a circuit specific domestic relations abstention doctrine and judicial immunity, and certified that any appeal would not be taken in good faith. The Second Circuit affirmed and awarded costs. 1. DOES A FEDERAL COURT HAVE A RIGHT TO DECLINE THE EXERCISE OF JURISDICTION OVER FEDERALQUESTION CLAIMS? 2. IS A JUDGE IMMUNE FOR ACTIONS, THOUGH JUDICIAL IN NATURE, TAKEN IN THE COMPLETE ABSENCE OF ALL JURISDICTION? 38. MAY A FEDERAL COURT USURP THE RIGHT OF NEW YORK STATE TO DETERMINE ITS OWN COMPELLING STATE INTERESTS AND THE MEANS OF PROTECTING THEM?