Mitchum v. Foster

407 U.S. 225 (1972)

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Nature of the Case

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Facts

Foster (D), prosecuting attorney of Bay County, Florida, brought a proceeding in a Florida court to close down P's bookstore as a public nuisance. The state court entered a preliminary order prohibiting the continued operation of the bookstore. There were further inconclusive proceedings in the state courts with no resolution in sight. P then filed a complaint in the District Court alleging that the actions of the state judicial and law enforcement officials were depriving him of rights protected by the First and Fourteenth Amendments. Under §1983, P asked for injunctive and declaratory relief against the state court proceedings, on the ground that Florida laws were being unconstitutionally applied by the state court so as to cause him great and irreparable harm. A single federal district judge issued temporary restraining orders, and a three-judge court was convened pursuant to §§ 2281 and 2284. The three-judge court dissolved the temporary restraining orders and refused to enjoin the state court proceeding, holding that the 'injunctive relief sought here as to the proceedings pending in the Florida courts does not come under any of the exceptions set forth in Section 2283. P appealed directly to the Supreme Court.