Laine
Laine v. County of Alameda
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSHUA LAINE, Case No. 21-cv-09449-VC
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTIONS TO DISMISS AND
DENYING PLAINTIFF’S MOTION TO
COUNTY OF ALAMEDA, et al., STAY Defendants. Re: Dkt. Nos. 12, 15, 17,
The defendants’ motion to dismiss is granted and Laine’s motion to stay is denied. Abstention is appropriate where, as here, there exists an “ongoing state judicial proceeding” that “implicate[s] important state interests,” and in which the plaintiff has the “opportunity . . . to raise constitutional challenges.” Middlesex County Ethics Committee v. Garden State Bar Association, 457 U.S. 423, 432 (1982); see also Younger v. Harris, 401 U.S. 37, 44 (1971) (restraining federal courts from “interfering with criminal prosecutions”). The criminal action against Laine in California state court for violating the domestic violence restraining order against him is ongoing. The State has a clear interest in enforcing such restraining orders. And nothing suggests that Laine will be unable to raise his constitutional challenges during the state proceeding. See…