Legal Question in Constitutional Law in California
Filing a Federal Lawsuit against a State
A civil suit is appealed to the state supreme court. Constitutional issues of violations of due process and fundamental liberty interests are raised. Supreme Court declines review. Constitutional issues ultimately sidestepped by state without properly addressing them.
A lawsuit is then filed in federal court seeking injunctions on civil judgments against the state and its judicial arm (county court). The State's use of Rooker-Feldman doctrine defense presumably does not apply since all remedies at state level exhausted, and an issue preclusion defense is arguably rebuttable.
Who would most likely be the parties named and served in such a suit? The State (who) and County Court (generically or judge specific)? Appeals court? Parties to initial suit?
Does the mere filing of such a lawsuit tend to attract uninvited news media attention?
Thanks in advance for any feedback.
2 Answers from Attorneys
Re: Filing a Federal Lawsuit against a State
It is almost inconceivable that a federal court would enjoin enforcement of a state court civil judgement under any circumstances. I have never heard of a court doing such a thing -- or, for that matter, even reaching the merits of the type of case you describe. Such cases are generally dismissed long before they can get to trial.
Filing such a suit is unlikely to attract media attention because, assuming anyone in the media hears of it in the first place, they will likely regard the suit as just one of the many frivolous cases people bring.
What you describe is essentially an effort to have a federal district court overrule a state court. Federal district and circuit courts lack the authority to do this. Your only hope for relief in the federal system is probably a petition for certiorari in the U.S. Supreme Court.
Re: Filing a Federal Lawsuit against a State
You aren't the first parent who tried challenging the arguably unconstitutional dependency court regime by attempting a collateral attack in federal court. Unfortunately, federal judges have these really big rubber stamps that have "DENIED" printed in two inch high letters, just for folks like you..
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