Feifei Gu v. Michael Sher, New York City Police Officer, et al.
SocialSecurity
Whether a federal court should apply a stringent test to determine the importance of state interests when considering abstention from enforcing a state court order in a 42 U.S.C. § 1983 civil case
In Pennzoil Co. v. Texaco Inc., 481 US 1 Supreme Court 1987, this Court held that, Abstention in a civil setting is proper if “the State's interests in the proceeding are so important that exercise of the federal judicial power would disregard the comity between the States and the National Government. ”, (emphasis added) The Question Presented to This Court Today Is: In a 42 U.S.C. § 1983 setting, when a federal court is asked to stay the enforcement of a State Court ’s Order in a civil case initiated by private parties, whether a stringent test should be applied to decide whether the State ’s interests are negligible or important? In satisfying such a standard, Do the State ’s interests need to be legitimate in the first hand to warrant abstention or Do the State ’s interests override a person ’s constitutional rights? 2