Legal Question in Appeals and Writs in Oregon

When is a claim arising out of a state imposed fine or penalty ripe for review in a federal court?

If a party seeks to challenge the constitutionality of a fine imposed (as excessive or imposed without due process of law, possibly as a taking) by a state actor, preferably before the fine is enforced (so perhaps through an appeal of some sort) where can that party file the claim?

Can the party immediately appeal a state imposed fine or penalty to a federal court (district court or court of claims), or must they first exhaust all available state remedies (such as appeals through the state court system)?

Does it depend on the underlying state law that the fine or penalty was imposed under? In other words, are there different exhaustion requirements based on the law at issue?

If a party wishes to seek an injunction to stop the state from imposing the fine, rather than pay the fine and attempt to collect it later, what is the procedure to do so?

Alternatively, If they have had to pay the fine or penalty, what is the procedure for appealing that decision: exhaust state court remedies or immediately file in federal court?


Asked on 11/08/09, 6:10 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

You can challenge a state action (such as the imposition of a fine or threatened imposition of a fine) in federal court by filing a declaratory judgment action. You can do this before you actually pay the fine, as long as you show a high likelihood that you will be subject to the fine.

You cannot directly appeal the state-imposed fine to the federal court, but filing a declaratory judgment action accomplishes the same result.

There are various doctrines requiring exhaustion of state remedies before obtaining remedies under the U.S. Constitution in federal court (or in state court). Such a doctrine may or may not apply to your particular fine, but it probably does (unless the threat of the fine is chilling your First Amendment right to speak, for example). Yes, there are different exhaustion requirements.

An injunction is merely a type of remedy that you would ask for in your suit for declaratory judgment.

You most likely do not have to pay the fine, until your state court remedies are exhausted. Then you may have to pay it, to avoid further penalties, being arrested, etc. If you win the declaratory judgment action in federal court, you would then ask the state for your money back. You could make that part of the relief you seek in your declaratory judgment action.

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Answered on 11/13/09, 9:51 am


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