United States First Circuit

In an 18 U.S.C. section 1983 suit alleging that the Rhode Island Mechanics' Lien Law violated due process: 1) dismissal of claims for injunctive and declaratory relief is affirmed where abstention under the Younger doctrine was appropriate since federal courts should not interfere with ongoing state-court litigation; 2) dismissal of claims for monetary relief under section 1983 is vacated and remanded with orders to stay the proceedings where courts ordinarily may only stay actions for monetary relief under Younger; and 3) the court did not abuse its discretion in dismissing state law claims for lack of subject matter jurisdiction.

Appellate Information

• Decided 05/31/2007
• Published 05/31/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Patrick J. Dougherty, for appellants.


• For Appellees:
  
• Steven J. Brouillard, with whom Theodore Orson, and Orson and Brusini Ltd. were on brief, for appellees Leonard P. Gemma and Gem Plumbing & Heating Co., Inc., Michael W. Field, Special Assistant Attorney General, and Patrick C. Lynch, Attorney General, on brief for appellee Henry S. Kinch, Jr.