Green v. City of Tucson

BERZON, Circuit Judge:

While litigation concerning the constitutionality of a state statute was pending in state court, four individual plaintiffs filed this federal court challenge to the same statute, alleging similar constitutional defects to those alleged by the state court litigants. The district court dismissed the *1089case, holding that because the federal court plaintiffs could have intervened in the state court proceedings, they were obligated to do so, and could not proceed in federal court.

This case thus raises questions at the core of the interaction of our dual system of courts, state…