Allen Feingold v. Office of Disciplinary Counsel

487 F. App'x 743
CourtCourt of Appeals for the Third Circuit
DecidedJuly 6, 2012
Docket11-1459
StatusUnpublished
Cited by6 cases

This text of 487 F. App'x 743 (Allen Feingold v. Office of Disciplinary Counsel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen Feingold v. Office of Disciplinary Counsel, 487 F. App'x 743 (3d Cir. 2012).

Opinion

OPINION

AMBRO, Circuit Judge.

Disbarred attorney Allen Feingold alleges constitutional violations related to disciplinary proceedings brought against him. The District Court abstained from exercising jurisdiction under Younger v. Harris, *744 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). We affirm.

I.

Because we write solely for the parties, we note only those facts necessary to our decision. In August 2008, Feingold was disbarred from the practice of law in Pennsylvania. Following his disbarment, the Office of Disciplinary Counsel (“ODC”) filed a petition in the Court of Common Pleas of Philadelphia County seeking to enjoin Feingold from the unauthorized practice of law. On September 3, 2009, Judge Pamela Dembe entered an order granting the injunction, prohibiting Fein-gold from entering or removing items from his law office, and requiring him to obtain court approval before filing any documents in court. On September 10, 2009, Judge Dembe appointed a conservator for the contents of Feingold’s office.

In September 2009, Feingold filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the ODC, the Philadelphia County Court of Common Pleas, Paul Kil-lion, Anthony Sedroski, Amelia Kittredge, Carmen Nasuti, Russell M. Nigro, Judge Dembe, and Joseph H. Evers. He alleged, among other things, constitutional violations associated with the disciplinary action. In December 2009, the District Court applied the Rooker-Feldman abstention doctrine, see Rooker v. Fid. Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983) — or alternatively, the Younger abstention doctrine — and granted Defendants’ motion to dismiss. See Feingold v. Office of Disciplinary Counsel, No. 09-4421, 2009 WL 4857380 (E.D.Pa. Dec. 14, 2009). We affirmed. See Feingold v. Office of Disciplinary Counsel, 415 Fed.Appx. 429 (3d Cir.2011).

On July 8, 2010, Feingold filed a second complaint in the District Court against all the defendants named in his previous complaint, Deanna Ballinger, and 1515 Market Street Acquisition Partners, L.P. (collectively, the “Defendants”), and moved for a temporary restraining order against the enforcement of Judge Dembe’s orders of September 3 and 10, 2009. The complaint alleged violations of the First, Fourth, and Fourteenth Amendments to our Constitution. In January 2011 the District Court received notice from Court of Common Pleas Judge Chad F. Kenney, Sr. that a hearing had been scheduled for February 17, 2011 in the underlying state-court disciplinary proceeding. 1 Defendants moved to dismiss Feingold’s complaint on the ground that the Younger abstention doctrine applied. The District Court agreed by an order on January 20, 2011.

Feingold appeals.

II.

The District Court had jurisdiction under 28 U.S.C. §§ 1331 and 1343. We have jurisdiction under 28 U.S.C. § 1291. “We exercise plenary review over the legal determination of whether the requirements for abstention have been met. Once we determine that the requirements have been met, we review a district court’s decision to abstain under Younger abstention principles for abuse of discretion.” Addiction Specialists, Inc. v. Twp. of Hampton, 411 F.3d 399, 408 (3d Cir.2005).

The Younger abstention doctrine “reflects a strong federal policy against federal-court interference with pending state judicial proceedings absent extraordinary circumstances.” Gwynedd Properties, Inc. *745 v. Lower Gwynedd Twp., 970 F.2d 1195, 1199 (3d Cir.1992) (internal quotation marks omitted). Under that doctrine, “federal courts must abstain in certain circumstances from exercising jurisdiction over a claim where resolution of that claim would interfere with an ongoing state proceeding.” Miller v. Mitchell, 598 F.3d 139, 145 (3d Cir.2010). For the Younger abstention doctrine to apply, three conditions must be satisfied: (1) state-court proceedings must be ongoing and judicial in nature; (2) the state-court proceedings must implicate important state interests; and (3) those proceedings must afford an adequate opportunity to raise federal claims. See Lazaridis v. Wehmer, 591 F.3d 666, 670 (3d Cir.2010) (citing Addiction Specialists, 411 F.3d at 408). If all three prongs of the Younger analysis are met, federal courts should abstain unless there is a showing of “bad faith, harassment, or some other extraordinary circumstance that would make abstention inappropriate.” Middlesex Cnty. Ethics Committee v. Garden State Bar Ass’n, 457 U.S. 423, 435, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982).

To satisfy the first prong of Younger, the state court proceedings at issue must be ongoing at the time the federal action was filed, it being immaterial when the state proceedings conclude. See Addiction Specialists, 411 F.3d at 408-09 (“[Ojur inquiry on prong one of the Younger test is not what is currently occurring in the state proceedings, but is focused on the narrow question of whether they were pending at the time the federal suit was filed.”) (citation omitted).

Feingold’s proceedings in the Pennsylvania Court of Common Pleas were state proceedings for the purposes of Younger abstention. They were judicial in nature and they were ongoing both when Fein-gold filed his complaint in federal court and when the District Court dismissed the case. Feingold’s claims that there was “nothing pending in state court, and there was no assigned judge due to the recusal of Judge Dembe,” when this action was dismissed are both unfounded and irrelevant. See Appellant’s Br. at 13. There were state judicial proceedings scheduled to occur in the underlying state court disciplinary action and the temporary lack of an assigned judge does not make those proceedings anything other than ongoing.

The second prong of Younger

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Bluebook (online)
487 F. App'x 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-feingold-v-office-of-disciplinary-counsel-ca3-2012.