Robert L. Magaziner v. Frank J. Montemuro, Jr., Administrative Judge of the Family Court Division of the Court of Common Pleas of Philadelphia County

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented is whether the district court should have reached the merits of a claim sounding under the Civil Rights Acts, 42 U.S.C. §§ 1981 and 1983, wherein appellants, children of parties to a state court civil action adjudicating rights to their custody, and the children’s counsel, have charged a state judge of depriving the children of federal constitutional rights by vacating the ex parte appearance of counsel on their behalf. The district court held that appellants had an adequate remedy at law, ruling that “if we have jurisdiction…