Bunting v. Gray

2 F. App'x 443
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 17, 2001
DocketNo. 99-1752
StatusPublished
Cited by12 cases

This text of 2 F. App'x 443 (Bunting v. Gray) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bunting v. Gray, 2 F. App'x 443 (6th Cir. 2001).

Opinion

BATCHELDER, Circuit Judge.

Ariana Bunting (“Ariana”) appeals the order of the district court dismissing on Younger abstention grounds the action brought by her mother and next friend raising a variety of federal and state-law claims relating to money allegedly owed her by Edward Gray. Younger abstention was not proper in this case because the relevant state-court proceeding could not provide Ariana an adequate forum for her federal constitutional claims that the federal court dismissed under Younger. The state-court proceeding was (and remains) inadequate because the state-court judge denied Ariana’s motion to intervene in that proceeding. We reverse the judgment and remand for further proceedings consistent with this opinion.

I. Procedural History

Cheryl Gray (“Cheryl”) brought this action in the district court in Michigan, in her capacity as next friend to her minor daughter Ariana, naming as defendants Edward Gray (“Edward”) (estranged husband of Cheryl and step-father of Ariana), Francis Tydingo-Gatewood (state-court judge presiding over Cheryl and Edward’s divorce in Guam), the Navy Federal Credit Union (the “Credit Union”), and Seaton M. Woodley (Edward’s divorce attorney). All of the allegations contained in the complaint have their genesis in the contentious divorce proceedings in Guam between Cheryl and Edward, and include claims of fraud and misrepresentation, conversion, unjust enrichment, promissory estoppel, invasion of privacy, illegal search and seizure, deprivation of the constitutional right to equal protection, deprivation of the constitutional right to due process, refusal to give full faith and credit, negligence/negligence per se, other constitutional deprivations for which redress may be sought under 42 U.S.C. § 1983, civil conspiracy, failure to prevent the deprivation of rights, exemplary damages, punitive damages, and illegal conspiracy in violation of RICO.

The district court dismissed this action with prejudice on May 21, 1999, finding that abstention under the Younger doctrine was appropriate. This timely appeal followed.1

[445]*445II. Factual Background

Cheryl and Edward were married on January 2, 1996. Cheryl and her two children from a prior marriage-one of whom is Ariana-moved to Guam to join Edward where he was serving in the United States Navy. In 1997, Kyra Gray was born to Edward and Cheryl. In January 1998, Edward filed for divorce in the Guam domestic-relations court, and a battle over the proper division of the parties’ community property ensued. In particular, the parties strongly disagreed about the ownership of certain money advanced against Edward’s Mastercard account to repay funds that Edward allegedly borrowed from Ariana’s college fund. On this point, the parties’ stories differ widely.

Cheryl, on behalf of Ariana, contends that early in the Grays’s marriage, Edward borrowed $15,000 from Ariana’s college fund to pay off his personal credit-card debt. According to Cheryl, Edward promised to repay the loan and assured Ariana that she would never have to worry about paying for college. The complaint alleges that Edward has repaid only $500 of the loan.

Edward claims that the Grays used “excess child-support money” paid by Cheryl’s first husband to pay off the credit card debt incurred from both pre and post-nuptial purchases. He denies there was any loan or any agreement to repay the money, and characterizes the $15,000 transferred from Ariana’s account as a gift.

Several days before Edward filed his complaint for divorce, Cheryl obtained a $7,500 cash advance against Edward’s Mastercard account. Cheryl says that she had Edward’s permission to obtain the advance; that she spent $2,500 of the advance on household expenses and Christmas gifts and transferred the remaining $5,000 to Ariana’s college fund; and that the transfer to Ariana was made with Edward’s knowledge and permission. Edward denies he ever gave permission for the cash advance.

Because Cheryl and Edward each expressed concern that the other would hide assets that would otherwise be subject to equitable division in the divorce proceedings, the Guam domestic relations court enjoined each of them from making any subsequent transfers of community property. The court specifically reserved until a later date the question of the propriety of the $7,500 cash advance.

On March 6, 1998, Edward moved the court for an order freezing the Credit Union accounts held in the names of Ariana Bunting and Kyra Gray, and at noon of that day, Edward’s counsel notified Cheryl’s attorney that an ex parte hearing on the issue of the credit-union accounts was scheduled for that afternoon at 3:00 p.m. At 2:00 that afternoon, Cheryl took Ariana to the Credit Union where Ariana converted $10,000 from her college fund account into travelers’ checks and sent them to her grandmother in Michigan. At 4:30 p.m. on March 6th, unaware of Ariana’s actions, the divorce court issued a restraining order. Upon learning from an employee of the Credit Union that the funds had been removed from Ariana’s account, Edward obtained an order from the divorce court requiring Cheryl to deposit the $10,000 in a trust account with the Superior Court of Guam, and Cheryl complied with that order.

The divorce court eventually held a hearing to resolve the disputes over the parties’ community property and debt distribution, and on August 6, 1998, the court issued a ruling disposing of most, but not all, of the parties’ respective claims. As of the time this federal-court action was filed, the $10,000 remained in the Guam divorce-[446]*446court trust account, the divorce court had not resolved the matter of ownership of that money, and the divorce was still pending.

III. Analysis

A. Abstention

We review de novo a district court’s decision to abstain under the Younger doctrine. See Traughber v. Beauchane, 760 F.2d 673, 675 (6th Cir.1985). This doctrine, announced in the context of state criminal proceedings, see Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), has been extended to state civil proceedings as well. See Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 17, 107 S.Ct. 1519, 95 L.Ed.2d 1 (1987).

The Younger doctrine requires federal courts to abstain in cases where the following conditions are present:

(1) state proceedings are pending; (2) the state proceedings involve an important state interest; and (3) the state proceedings will afford the plaintiff an adequate opportunity to raise his constitutional claims.

Parker v. Commonwealth of Ky., Bd. of Dentistry, 818 F.2d 504, 508 (6th Cir.1987).

In this case, the district court held that all three conditions of the Younger doctrine had been satisfied. As to the first two prongs of the analysis, we agree.

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Bluebook (online)
2 F. App'x 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bunting-v-gray-ca6-2001.