SKS & Associates, Inc. v. Dart

Federal 7th Circuit Court
Civil Court
Abstention
Citation
Case Number: 
No. 09-3461
Decision Date: 
August 27, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing plaintiff's section 1983 action alleging that state court violated plaintiff's federal rights by entering general order which had effect of delaying plaintiff's efforts at evicting defaulting tenants. Abstention principles, which include notions of equity, comity and federalism, supported dismissal of instant lawsuit since plaintiff's lawsuit would intrude on state court's ability to manage its own docket. Moreover, plaintiff could present instant claim in separate state-court action and could file a state-court mandamus action to address any delay in state-court's processing of plaintiff's eviction lawsuits.