Precedent on Federal Challenges to State Hearings?

[Ronin]

I am having trouble finding precedent on the use of the federal courts in a collateral attack seeking injunctions against state court civil judgments based upon constitutional issues such as due process and fundamental rights of parents.

The only one I found was dismissed because of the Rooker-Feldman doctrine defense, and which will not apply in the case under reseach. I would like to find out what others have done on both sides of issue preclusion defenses on matters of due process.

Most lawyers say extremely difficult but not necessarily impossible under the right conditions, though they know of no precedent of prevailing in such a case. Most likely would be dismissed before any trial. But this case has some interesting and grounded aspects to it. May be a good opportunity to at least take this case a few steps further than others and maybe break new ground and raise public awareness of some issues.

At this point this is only an exercise in better understanding what appears to be a relatively uncharted area of law.

If anyone knows of such cases or how I can better zero in on whatever is out there, it would be appreciated.

 

[SHORTY LONG]

What is the name of your state? California

I am having trouble finding precedent on the use of the federal courts in a collateral attack seeking injunctions against state court civil judgments based upon constitutional issues such as due process and fundamental rights of parents.

The only one I found was dismissed because of the Rooker-Feldman doctrine defense, and which will not apply in the case under reseach. I would like to find out what others have done on both sides of issue preclusion defenses on matters of due process.

Most lawyers say extremely difficult but not necessarily impossible under the right conditions, though they know of no precedent of prevailing in such a case. Most likely would be dismissed before any trial. But this case has some interesting and grounded aspects to it. May be a good opportunity to at least take this case a few steps further than others and maybe break new ground and raise public awareness of some issues.

At this point this is only an exercise in better understanding what appears to be a relatively uncharted area of law.

If anyone knows of such cases or how I can better zero in on whatever is out there, it would be appreciated.

I understand most of your post, and there is case law to overcome claim preclusion, but I am not sure about what you are asking to go from State Court to Federal Court?

It is possible to do this under the right conditions. Under the United States Code, section 28 USC either 1446 or 1447; It is early, so I am not all together. However, we need more information as to exactly what you are seeking. Be advised, if your case has already been litigated completely in the State Court, then for the most part, it is over; less a very few exceptions to bring it into Federal Court!

 

[Ronin]

I understand most of your post, and there is case law to overcome claim preclusion, but I am not sure about what you are asking to go from State Court to Federal Court?

If a civil case is litigated through a state Supreme Court, and constitutional questions are raised but inadequately addressed by the state, then this could presumably establish a basis for moving into federal court.

Sure, a Writ of Certiorari is an option in such a case, but will likely only fade away into oblivion with a chuckle of the state court. Raising an issue in federal court is a bit more aggressive and subjects the issue to more direct scrutiny and possibly another avenue of appeals. But this is only speculation right now, and I need more concrete info to either confirm or reject these.

My main question is where would I begin to search for relevant case law on this? I am aware of the legal databases available, but not sure how to navigate to this type of case law.

 

[SHORTY LONG]

When you litigate a Case, you must list everything at the lower Court; for if
you try to raise new claims on Appeal the Appeals Court will most likely not
even look at the merits because you did not raise them in the lower Court.
Hence, you forfeited those by not raising in the lower Court. Many good
cases loose because of not knowing the proper procedure in handling there
case. The Courts are liberal, and view the litigant as master of their own
ship/domain!

Take a look at this site: http://www.legalhelp.org/public/library.php

While your case is being litigated in the State Court is the time you would make
a Motion to ask the Court to transfer it into Federal Court because....

Here is where your Issues and Case Law and etc., would go in support of
your Motion to transfer the Case.

If your case has already completely went through the State Court, and your
claims are not stale, nor subject to Claim Preclusion, and Statute of Limitations,
you may try and start anew by filing within the closest Federal Court. I do not
know what you seek, thus take a look at 28 USC 1331, 1332, 2201, 2202 for
examples only.

Mind you, though the Court is very liberal in accepting a pro se case, they still
expect you to have a handle on certain aspects such as the Federal Rules of
Procedure, the Federal Locale Rules of the Court just to name a few things
required of you. There is also Discovery, various Pleadings, and Procedures;
so on and so forth.

And if your case has already been through the State Court, and is say less than
180 days ago, you could try and do a Motion for Extraordinary Reconsideration
under Rule 60b. You can search Rule 60b out yourself. It is a Federal avenue
rarely used today in time, so, if it does not fit, then see what the State Law may
have that is comparable to it.

 

[Ronin]

When you litigate a Case, you must list everything at the lower Court; for if
you try to raise new claims on Appeal the Appeals Court will most likely not
even look at the merits because you did not raise them in the lower Court.

The issues and constitutional claims were properly raised with trial court and preserved through post-judgment motions and appeals. Everything was filed on time and by the book.

Your time and comments in your replies are appreciated. I will look further into the cites you provided.

 

[SHORTY LONG]

Take a look at the Rooker-Feldman doctrine.

http://www.nyeb.uscourts.gov/jud_opinions/jf/90-14143-20050715-WO.pdf

And do more searching on it if it may be applicable to your endeavors.