Arkebauer v. Kiley

OPINION

RICHARD MILLS, District Judge:

One of the most fundamental maxims governing the relationship between the federal government and individual states is that federal courts should refrain from enjoining pending state criminal prosecutions. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971).

This principle is based upon the concept of Our Federalism, a recognition of and sensitivity to the legitimate interests of both state and national governments. Id. at 44, 91 S.Ct. at 750-51. The federal government, anxious as it may be to vindicate and protect federal rights, always must…