Roussin v. Johnson (In Re Roussin)

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This chapter 7 case is presently before the court upon the plaintiff’s Complaint for Injunction, which requests that the defendant, Michael Johnson, Esquire, the Merrimack County Attorney for the State of New Hampshire, be permanently enjoined from prosecuting the plaintiff on a citation for criminal contempt. The defendant has filed an Answer, and both parties have filed trial memoranda.

The issue in this adversary proceeding is whether the state proceeding is a legitimate criminal contempt proceeding to protect the state court’s authority…