Wednesday, March 08, 2006
Ind. Decisions - One Indiana decision from 7th Circuit today
In Loubser, Annare L. v. USA, et al. (ND Ind., Allen Sharp, Judge), a 14-page opnion with Judge Sykes concurring in part and dissenting in part beginning on p. 7, Judge Posner begins:
Annare Loubser brought this federal civil rights suit under 42 U.S.C. § 1983 against more than 40 individuals who she alleges conspired to defraud her by corrupting her divorce proceedings; those proceedings ended in a judgment that, she claims, deprived her of property to which she was entitled. She brought this suit after the state appellate court had affirmed the judgment in the divorce proceedings. The district court dismissed the suit on the pleadings as barred by two judge-made doctrines: Rooker-Feldman, which denies the lower federal courts the authority to overturn a state court judgment, and the “domestic relations exception,” a judge-made doctrine that denies to the federal courts jurisdiction over domesticrelations matters such as divorce on the theory that the reference to “the judicial Power” in Article III of the Constitution was intended to exclude the powers exercised by Britain’s ecclesiastical courts, which, rather than the common law courts at Westminster, exercised jurisdiction in such matters.
Posted by Marcia Oddi on March 8, 2006 03:10 PM
Posted to Ind. (7th Cir.) Decisions