Peace

MEMORANDUM *

Anwar Peace brought this federal lawsuit under 42 U.S.C. § 1983 , alleging that the temporary anti-harassment order obtained by Chief Kerlikowske on September 28, 2004, violated his due process rights because it was issued through ex parte proceedings of which he received no notice. The district court granted summary judgment to the defendants.

1. Jurisdiction: Substantively, Peace’s constitutional claim overlaps with the judgment that the Washington state court made in deciding whether to issue the September 28 order. Peace claims that the September 28 proceeding was unconstitutional because its ex parte nature was not justified by some emergency. Before *159 an ex parte anti-harassment order will issue, Washington state law requires a showing that “great or irreparable harm will result,” which is basically the same finding that Peace contends is constitutionally required. See Wash. Rev.Code § 10.14.080.

Such overlap between state and federal proceedings is forbidden under certain circumstances by the Rooker-Feldman doctrine, which is designed to prevent losers in state courts from turning to lower federal courts, instead of the Supreme Court, to review their…