Dist. Ct. erred in granting plaintiff’s request for preliminary injunction in section 1983 action alleging that defendant-Clerk of Circuit Court of Cook County violated its First Amendment rights by not making newly filed complaints immediately available to press at moment of receipt of said complaints by her office, instead of making said complaints available only after processing and accepting said complaints, which could take as long as three days. Ct. of Appeals, in noting that newly filed appeals in its clerk’s office and in clerk’s office of U.S. Supreme Ct. also undergo administrative processes prior to making said filings available to public, found that Dist. Ct. should have abstained from exercising jurisdiction over instant case, since principles of comity, equity and federalism dictated that plaintiff’s action be first considered by state courts regarding how state court clerks manage their filing procedures and timing of press access.
Federal 7th Circuit Court
Civil Court
Abstention Doctrine