Miriam G. Carroll v. City of Mount Clemens, John Beeding, Jr., Harry Diehl, Jolyne Fisher, and Rex A. Burgess

139 F.3d 1072, 1998 U.S. App. LEXIS 5262, 1998 WL 120159
Court of Appeals for the Sixth Circuit·Decided March 19, 1998·No. 96-2443·Published·Cited by 109 cases

Opinions

MERRITT, J., delivered the opinion of the court. WELLFORD, J. (p. 1076), delivered a separate concurring opinion. MOORE, J. (pp. 1077-80), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

The District Court dismissed Plaintiff Miriam Carroll’s complaint on abstention grounds. The court held that Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), required it to defer to an ongoing state building-code enforcement action against Carroll. This appeal raises the issue of whether Younger abstention applies to a federal action seeking only monetary damages in the face of such an ongoing civil enforcement proceeding in state court.

I.

Carroll owns two rooming houses in Mount Clemens, Michigan, which have only eommu-[1074] nal bathroom facilities. The city disapproved of these for health and safety purposes. It enacted an ordinance requiring all rooming houses to have separate bathrooms in each dwelling unit. The city then initiated civil enforcement actions against Carroll’s properties in a state court of general jurisdiction, seeking to enjoin their continued use without individual bathrooms. As an affirmative defense in the state proceeding, Carroll claimed the ordinance discriminated against her low-income tenants and thus deprived them of equal protection of the laws. She also filed her own lawsuit in the form of a counterclaim for injunctive relief and damages, alleging that the ordinance violated state and federal law and that its enforcement resulted in an unconstitutional taking under the Michigan and United States Constitutions. This state enforcement action, along with Carroll’s separate counterclaim, is currently pending before the Michigan Circuit Court in Macomb County.

Shortly before the statute of limitations expired, Carroll filed the present suit in federal court for damages under 42 U.S.C. § 1983 and the Fair Housing Act, 42 U.S.C. § 3604. She sued the city, the city’s attorney, and the three city council members who voted in favor of the ordinance. Carroll sued the individual defendants in their official and individual capacities. Like her affirmative defense and counterclaim in state court, her various federal claims allege violation of her rights under the Due Process, Equal Protection, and Contracts Clauses and the rights of her tenants to be free from discrimination on the basis of their race, nationality, and disability. Her Fair Housing Act claim is that the defendants are “otherwise mak[ing housing] unavailable” on the basis of “race, color, ... or national origin” by enforcing the city’s bathroom ordinance against her properties.

The defendants moved to dismiss Carroll’s federal complaint on the basis of Younger abstention. The District Court found that Carroll’s federal action involved essentially the same claims pending before the state court. Carroll v. City of Mount Clemens, 945 F.Supp. 1071, 1073-74 (E.D.Mich.1996). The court therefore abstained under Younger and dismissed her complaint. Id. at 1075-76.

Carroll’s appeal concerns whether Younger abstention applies to a federal action seeking only monetary damages and whether the District Court should stay or dismiss those claims under Younger.

II.

Younger abstention applies when the state proceeding (1) is currently pending, (2) involves an important state interest, and (3) affords the plaintiff an adequate opportunity to raise constitutional claims. Middlesex County Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 432, 102 S.Ct. 2515, 2521, 73 L.Ed.2d 116 (1982); Kelm v. Hyatt, 44 F.3d 415, 419 (6th Cir.1995); Nilsson v. Ruppert, Bronson & Chicarelli Co., 888 F.2d 452, 454 (6th Cir.1989). Although Younger arose in the context of a state criminal proceeding, the Supreme Court has extended its principles to civil enforcement actions, such as the state proceeding here. Trainor v. Hernandez, 431 U.S. 434, 444, 97 S.Ct. 1911, 1918, 52 L.Ed.2d 486 (1977) (state civil fraud proceeding to recover improper benefits by state welfare department); Huffman v. Pursue, Ltd., 420 U.S. 592, 604, 95 S.Ct. 1200, 1208, 43 L.Ed.2d 482 (1975) (state civil nuisance action against adult theater by local sheriff and prosecutor). Moreover, the federal plaintiff does not have to seek injunctive relief against an ongoing state proceeding for a federal court to abstain. Younger abstention also applies in federal declaratory judgment actions because they involve “precisely the same interference with and disruption of state proceedings” as an injunction. Samuels v. Mackell, 401 U.S. 66, 72, 91 S.Ct. 764, 767, 27 L.Ed.2d 688 (1971).

In our litigious era, multiple lawsuits arising from the same occurrence are commonplace. Younger abstention is built upon common sense in the administration of a dual state-federal system of justice in such an era. When a person is the target of an ongoing state action involving important state interests, the state defendant cannot interfere with the pending state action by maintaining a parallel federal action involving claims that could have been raised in the state case. If the state defendant files such a case, Younger abstention requires the federal court to [1075] defer to the state proceeding. Watts v. Burkhart, 854 F.2d 839, 844-48 (6th Cir.1988); see also Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 15, 107 S.Ct. 1519, 1528, 95 L.Ed.2d 1 (1987) (“when a litigant has not attempted to present his federal claims in related state-court proceedings, a federal court should assume that state procedures will afford an adequate remedy”).

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Miriam G. Carroll v. City of Mount Clemens, John Beeding, Jr., Harry Diehl, Jolyne Fisher, and Rex A. Burgess, 139 F.3d 1072, 1998 U.S. App. LEXIS 5262, 1998 WL 120159 (6th Cir. 1998).

139 F.3d 1072 (Miriam G. Carroll v. City of Mount Clemens, John Beeding, Jr., Harry Diehl, Jolyne Fisher, and Rex A. Burgess) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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