Gottfried v. Medical Planning Services, Inc.

142 F.3d 326, 1998 WL 177955
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 16, 1998
DocketNo. 97-3076
StatusPublished
Cited by10 cases

This text of 142 F.3d 326 (Gottfried v. Medical Planning Services, Inc.) 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
Gottfried v. Medical Planning Services, Inc., 142 F.3d 326, 1998 WL 177955 (6th Cir. 1998).

Opinion

OPINION

MERRITT, Circuit Judge.

Plaintiff Holly Gottfried wants to picket the home, OB/GYN office, and abortion clinic of a physician in Akron, Ohio, but a state court injunction, entered twelve years ago, restricts her right to do so. Rather than disobey the injunction and risk contempt or imprisonment, she brought the present action under 42 U.S.C. § 1983, asking the federal District Court to strike the state court’s injunction as unconstitutional under the First Amendment. The District Court dismissed her case for reasons of comity and federalism. She now asks us to reverse that decision. Because we conclude Gottfried should have first asked the state court to modify its injunction in light of her constitutional claims before having the federal court adjudicate her constitutional claims, we affirm the District Court’s decision to abstain with some minor procedural modifications.

I.

The salient facts are undisputed. In 1985, Dr. Manohar Lai, his OB/GYN office, and his abortion clinic, Medical Planning Services, sued for and obtained a permanent injunction against the protest activities of certain antiabortion organizations and two “Does.” Judge James P. Winter of the Court of Common Pleas in Summit County, Ohio entered a permanent injunction on August 7, 1986. That injunction applies to the named and unnamed defendants, those acting in concert with them, and all other persons who have notice of the injunction. In pertinent part, it prohibits anyone from picketing at Dr. Lai’s home and his OB/GYN office; it protects the doorways and driveways at Dr. Lai’s clinic; it forbids “mass picketing or any other type of picketing ... which directly or indirectly interferes” with the business of the clinic; and it prevents more than four people from picketing on each of the sidewalks in front of and alongside the clinic. Because the parties consented to this injunction, it was not appealed.

Holly Gottfried was not a party to the state lawsuit supporting the injunction. She was only ten years old when it was entered. An anti-abortion activist, Gottfried wants to picket and distribute information at Dr. Lai’s home, office, and clinic, but she fears she will be arrested if she does. On July 20, 1995, she filed this suit in federal court against Dr. Lai, his office, his clinic, the City of Akron, Akron Police Chief Larry Givens, Summit County, Summit County Sheriff Richard Warren, and Judge Jane Bond, the successor to Judge Winter on the Summit County Court of Common Pleas. Through 42 U.S.C. § 1983, Gottfried asserted violations of her constitutional rights of free speech, free press, peaceful assembly, association, free exercise of religion, due process, and equal protection under the United States and Ohio Constitutions. She asked the District Court to declare the injunction unconstitutional on its face or as applied and to enjoin the defendants from enforcing the challenged portions of the injunction against her. She also requested $200,000 in damages in addition to her costs and attorney’s fees.

Dr. Lai, his office, and Medical Planning Services moved to dismiss Gottfried’s complaint under the Anti-Injunction Act, Colorado River abstention, and the Rooker-Feld-man doctrine. The District Court initially granted this motion without a hearing. Characterizing the case as presenting “an issue of federal-state comity that appears unique in its factual setting,” the court determined that the Anti-Injunction Act, Colorado River abstention, and Rooker-Feldman did not bar Gottfried’s federal suit. Nonetheless the court dismissed her case, reasoning that “if a non-party to a consent decree has standing to challenge a state court consent decree in an action brought pursuant to 42 U.S.C. § 1988, then actions in state court which are concluded by the entry of a consent decree will be of scant value and the concepts of comity between the federal and state courts will suffer.” Gottfried then filed for postjudgment relief. The court reinstated her complaint and scheduled an evidentia-ry hearing, specifically reserving the jurisdictional issue. After the hearing, the court again dismissed the case “in the interest of state-federal comity” without ruling on the [329]*329constitutionality of the injunction. Gott-fried’s appeal requires us to determine whether abstention was proper under these circumstances.

II.

Gottfried’s lawsuit does not fit easily within any of the doctrines that limit federal jurisdiction. The District Court correctly found the Anti-Injunction Act does not prevent Gottfried from obtaining her desired relief. First enacted as part of the Judiciary Act of 1793, the Anti-Injunction Act is one of the oldest restrictions on the ability of federal courts to interfere with state courts. It provides, “A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. But in Mitchum v. Foster, 407 U.S. 225, 92 S.Ct. 2151, 32 L.Ed.2d 705 (1972), the Supreme Court established § 1983 as an expressly authorized exception to the act. Id. at 242-43, 92 S.Ct. at 2161-63. Gottfried’s claims are all constitutional claims brought through § 1983, and thus they fall squarely within Mitchum’s exception to the Anti-Injunction Act. Furthermore, the Anti-Injunction Act does not bar federal lawsuits filed by individuals who, like Gottfried, were “strangers to the state court proceedings.” County of Imperial, Cal. v. Munoz, 449 U.S. 54, 59-60, 101 S.Ct. 289, 293, 66 L.Ed.2d 258 (1980); Hale v. Bimco Trading Inc., 306 U.S. 375, 377-78, 59 S.Ct. 526, 526-27, 83 L.Ed. 771 (1939).

The District Court was also correct with respect to the abstention doctrines that restrict federal jurisdiction in cases parallel to pending state court proceedings. The abstention doctrine established by Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), requires the target of an ongoing state prosecution to raise any and all constitutional claims as defenses to that action and prevents the state court defendant from filing a collateral federal action raising the same claims. Although the concerns underlying Younger — equity, comity, and “Our Federalism,” id. at 43-45, 91 S.Ct. at 750-51 — apply with equal force in this case, Younger abstention does not apply because Gottfried has not violated the injunction and is not the target of a pending prosecution in state court. Steffel v. Thompson, 415 U.S. 452, 462, 94 S.Ct. 1209, 1217, 39 L.Ed.2d 505 (1974). One could argue that the ongoing injunction is the equivalent of a pending state court action for purposes of Younger abstention. See, e.g., Hayse v. Wethington, 110 F.3d 18, 20-21 (6th Cir.1997); Louisville Area Inter-Faith Comm. for United Farm Workers v. Nottingham Liquors, Ltd.,

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142 F.3d 326, 1998 WL 177955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottfried-v-medical-planning-services-inc-ca6-1998.