Legal Opinion
Eusebia Fernandez Etc. v. Honorable Jose Trias Monge Etc.
Court of Appeals for the First Circuit
Decided September 28, 1978No. 78-1066PublishedCited by 46 opinions
1Opinion of the Court
PETTINE, District Judge.
This ease dramatically diagrams the pitfalls that snare or nearly snare litigants and courts alike when a constitutional claim is brought in federal court that involves an ongoing state prosecution. The deceptively simple rule announced in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), that a federal court should not enjoin the pending state proceeding, premised on the sound judicial philosophy of respect for the state forum, has resulted all too often in practice in justice delayed. 1 In the instant case, justice delayed is literally justice…
2Cases cited56 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Preiser v. RodriguezSupreme Court of the United States · 1973
- In Re GAULTSupreme Court of the United States · 1967
- Monroe v. PapeSupreme Court of the United States · 1961
- Gerstein v. PughSupreme Court of the United States · 1975
51 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Pulliam v. AllenSupreme Court of the United States · 1984
- Jerry Parker, Jr. v. Kenneth TurnerCourt of Appeals for the Sixth Circuit · 1980
- In Re the Justices of the Supreme Court of Puerto Rico, in Re Colegio De Abogados De Puerto Rico, and Fundacion Colegio De AbogadosCourt of Appeals for the First Circuit · 1982
- Georgevich v. StraussCourt of Appeals for the Third Circuit · 1985
41 more not listed; retrieve them via the Exa API.