No. 25-5316

Feifei Gu v. Michael Sher, New York City Police Officer, et al.

Lower Court: Second Circuit
Docketed: 2025-08-11
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: abstention-doctrine civil-procedure constitutional-rights federal-intervention judicial-comity state-interests
Key Terms:
SocialSecurity
Latest Conference: 2025-11-21 (distributed 2 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2025-11-24
Application (25A249) denied by the Court.
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-11-05
Application (25A249) referred to the Court.
2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-09-16
Application (25A249) refiled and submitted to The Chief Justice.
2025-09-08
Application (25A249) denied by Justice Sotomayor.
2025-08-26
Application (25A249) for injunctive relief, submitted to Justice Sotomayor.
2025-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2025)
2025-06-23
Application (24A1262) granted by Justice Sotomayor extending the time to file until August 30, 2025.
2025-06-17
Application (24A1262) to extend the time to file a petition for a writ of certiorari from July 1, 2025 to August 30, 2025, submitted to Justice Sotomayor.

Attorneys

Feifei Gu
Feifei Gu — Petitioner
Feifei Gu — Petitioner