allee medrano argued november decided may appellee union individual appellees attempted june june unionize farmworkers persuade support join strike subjected persistent harassment violence appellants law enforcement officers july state issued temporary injunction appellees proscribing picketing near property one major employers area appellees brought federal civil rights action attacking constitutionality certain texas statutes alleging appellants officers conspired deprive appellees first fourteenth amendment rights district declared five statutes unconstitutional enjoined enforcement addition permanently enjoined appellants officers intimidating appellees organizational efforts held state injunction moot controversy since appellants officers conduct injunction ended strike case become moot appellees abandoned unionization efforts result harassment appellee union still live organization continuing goal unionizing farmworkers pp portion district decree enjoining police intimidation appellees appropriate exercise equitable powers pp properly consider question police harassment concededly constitutional statutes grant relief exercise jurisdiction ancillary conferred constitutional attack statutes plainly required pp portion decree interfere pending state prosecutions special considerations relevant cases like younger harris apply requirement appellees first exhaust state remedies bringing federal suit irreparable injury shown evidenced district unchallenged findings police intimidation remedy law adequately protect appellees intimidation lawful effort unionize farmworkers pp persistent pattern police misconduct opposed isolated incidents injunctive relief appropriate hague cio pp portion district decree holding five state statutes unconstitutional accompanying injunctive relief must vacated pp three statutes repealed replaced narrowly drawn provisions since district decision pending prosecutions judgment relating statutes become moot since definitely determined district opinion record whether pending prosecutions even whether district intended enjoin case remanded findings pending prosecutions vacate judgment superseded statutes pending make findings whether brought bad faith enter appropriate decree subject review propriety federal intervention merits holding striking statutes pp case remanded determination whether pending prosecutions two remaining statutes findings reconsideration light steffel thompson pending prosecutions determine whether brought bad faith threatened prosecutions declaratory relief sought steffel controls younger showing need made douglas delivered opinion brennan stewart marshall blackmun joined burger filed opinion concurring result part dissenting part white rehnquist joined post powell took part decision case larry york first assistant attorney general texas argued cause appellants brief john hill attorney general joe dibrell lang baker gilbert pena assistant attorneys general chris dixie argued cause filed brief appellees john abercrombie william deakins filed brief brown root et al amici curiae urging reversal albert woll laurence gold thomas harris filed brief american federation labor congress industrial organizations amicus curiae urging affirmance justice douglas delivered opinion civil rights action attacking constitutionality certain texas statutes brought appellees alleges defendants members texas rangers starr county texas sheriff department justice peace starr county conspired deprive appellees rights first fourteenth amendments unlawfully arresting detaining confining without due process without legal justification unlawfully threatening harassing coercing physically assaulting prevent exercise rights free speech assembly convened declared five texas statutes unconstitutional enjoined enforcement supp addition permanently enjoined defendants variety unlawful practices formed core alleged conspiracy five defendants members texas rangers perfected appeal appellees consist farm workers organizing committee certain named plaintiffs class represented district whose behalf judgment also rendered june june appellees engaged effort organize union predominantly farmworkers lower rio grande valley effort led considerable local controversy brought appellees conflict state local authorities district found result unlawful practices enjoined organizing efforts crushed lawsuit followed factual findings district challenged early june beginning organizing effort eugene nelson one strikers principal leaders stationed international bridge roma texas attempting persuade laborers mexico support strike taken custody starr county sheriff detained four hours questioned strike told investigation federal bureau investigation charges ever filed october union members sympathizers picketed alongside rancho grande farms exhorting laborers join strike ordered disperse sheriffs although picketing peaceful raymond chandler one union leaders engaged officer conversation contesting validity order arrested art texas penal code breach peace although maximum punishment offense fine bond set chandler two chandler friends came courthouse make bond verbally abused told business leave placed jail left later month president local union others courthouse arrest shouted viva la huelga support strike deputy sheriff struck union official held gun forehead ordering repeat words courthouse respectful place strike continued year texas rangers called local area serious incidents violence may union pickets gathered mission texas protest carrying produce valley railroad initially charged trespass private property changed unlawful assembly finally superseded complaints secondary picketing reverend edgar krueger magdaleno dimas taken custody rangers train passed rangers held two prisoners bodies faces inches train weeks later rangers sought arrest dimas allegedly brandishing gun threatening manner found tailing chandler moreno also union members chandler arrested explanation moreno also assaulted captain allee time two men later charged assisting dimas evade arrest although allee testimony never told dimas sought rangers indeed officers arrest warrant formal complaint dimas arrest put call justice peace arrived scene filled warrant forms carried rangers broke house arrested dimas rodriguez another union member violent brutal fashion dimas hospitalized four days brain concussion revealed struck hard back spine curved shape rodriguez cuts bruises ear elbow upper arm back jaw one fingers broken nail torn earlier may nelson gone sheriff office according appellees complain rangers acting private police force one farms area district found nelson arrested charged threatening life certain texas rangers despite fact captain allee conceded serious threat allee directed charges filed protect rangers censure something happened nelson entire period starr county sheriff office regularly distributed aggressive newspaper deputy driving official car pick papers week bring back sheriff office distributed various deputies district included copies paper appendix opinion typical headline mexican subversive group sympathize valley farm workers views texas rangers similarly explicit number occasions offered farm jobs union leaders union demand wage return end strike rangers told one union member called area break strike leave done among findings district defendants selectively enforced unlawful assembly law art texas penal code treating criminal inoffensive union gathering solicited criminal complaints appellees persons knowledge alleged offense filed baseless charges one appellee impersonating officer district found law enforcement officials took sides essentially controversy although virtually evidence assault upon anyone union people strike officials concluded maintenance law order inextricably bound preventing success strike ibid thus series isolated incidents prevailing pattern throughout controversy argued state injunction appellees issued july ended strike thus rendered controversy moot case summarizing defendants unlawful practices district concluded union efforts collapsed pressure june suit filed effort seek relief ibid thus defendants conduct subject suit ended strike state injunction came afterward protection federal decree appellees begin efforts moreover state injunction quite limited proscribes picketing appellees acting concert near property owned la casita farms plaintiff state case appellants agreed oral argument la casita one major employers area incidents involved occurred locations moreover state injunction temporary appeal texas civil appeals finding trial findings unsupported affirmed limited nature review texas law temporary injunction appellate concluded nothing opinion taken ruling evidence us support issuance permanent injunction farm workers organizing comm la casita farms advised oral argument permanent injunction picketing ever issued assume one argued case become moot appellees abandoned efforts result harassment sought restrain suit requirement appellees continue subject physical violence unlawful restrictions upon liberties throughout pendency action order preserve live controversy face appellants conduct appellees sought vindicate rights federal june rechanneled efforts direct attempts unionizing workers seeking protection federal decree hence brought suit amended complaint filed october charged defendants conduct aimed make common cause appellees chill ed willingness people exercise first amendment rights resulting district found collapse union drive appellees continued prosecute suit judgment december may assume period directed efforts judicial battle abandoned principal cause rather purpose suit seek protection federal efforts unionization renewed settled action injunction become moot merely conduct complained terminated possibility recurrence since otherwise defendants free return old ways gray sanders walling helmerich payne grant nlrb raytheon sec medical committee human rights appellee union remains much live organization goal continues unionization farmworkers essential controversy therefore moot much alive ii first consider provisions federal decree enjoining police intimidation appellees part decree complements relief places boundaries police conduct based upon state statutes struck federal complaint charged enjoined conduct one part single plan defendants district found pervasive pattern intimidation law enforcement authorities sought suppress appellees constitutional rights blunderbuss effort police relied statutes district found constitutionally deficient concurrently exercised authority valid laws unconstitutional manner argued district properly convened police harassment concededly constitutional statutes question presented properly consider question grant relief exercise jurisdiction ancillary conferred constitutional attack state statutes plainly required part decree question prohibits appellants using authority peace officers arrest stop disperse imprison appellees otherwise interfere organizational efforts without adequate cause adequate cause defined actual obstruction public private passways causing unreasonable interference force violence threat thereof actually committed person aiding abetting conduct probable cause believe good faith criminal law state texas violated ones struck remainder decree face injunction require police abide constitutional requirements contention decree interfere law enforcement restraining police engaging conduct otherwise lawful thus question us whether appropriate exercise federal equitable powers first note portion decree creates interference prosecutions pending state courts special considerations relevant cases like younger harris apply requirement appellees first exhaust state remedies bringing federal claims civil rights act federal mcneese board education monroe pape nonetheless remains necessity showing irreparable injury traditional prerequisite obtaining injunction case younger supra showing clearly made unchallenged findings district show appellees sought organize lawful union better situation one economically oppressed classes workers country intimidation state authorities lawful effort crushed workers leaders organizers placed fear exercising constitutionally protected rights free expression assembly association potential supporters cause placed fear lending support able regain rights continue furthering cause constitutional means required protection appellants concerted conduct remedy law adequate provide protection dombrowski pfister isolated incidents police misconduct valid statutes course cause exercise federal equitable powers hesitated direct review strike applications constitutional statutes found unconstitutionally applied cameron johnson citing cox louisiana wright georgia edwards south carolina persistent pattern police misconduct injunctive relief appropriate hague committee industrial organization affirmed granting relief strikingly similar facts also law enforcement officials set crush nascent labor union police interfered lawful distribution pamphlets prevented holding public meetings ran labor organizers town district declared municipal ordinances unconstitutional addition enjoined police exercising personal restraint plaintiffs without warrant confining without lawful arrest production prompt judicial hearing interfering free access streets parks public places city interfering right plaintiffs agents acting communicate views individuals others streets orderly peaceable manner lower federal courts also granted relief similar cases reasons stated portion relief based holdings certain state statutes unconstitutional modified respects portion district decree quite proper iii finally consider portion district judgment declaring five texas statutes unconstitutional accompanying injunctive relief pressed arguments appellants parts decree inconsistent teachings younger harris samuels mackell reasons explained unnecessary reach contentions present younger companion cases grounded upon special considerations apply federal asked intervene pending state criminal prosecutions steffel thompson although parties assumed relevance younger unable find precise indication district opinion record pending prosecutions time district decision indeed chronology events gives rise contrary inference although district issued opinion december union effort source contest interrupted five years earlier seems likely state prosecutions initiated effort concluded time unless restrained temporary order federal indication order ever issued moreover injunctive relief granted appear directed restraining state proceedings fact pending prosecutions relief impact future events challenged statutes might invoked appellants since remains live continuing controversy relief ordinarily appropriate justified merits case gray sanders special situation three statutes question since repealed texas legislature article penal code provision replaced new codification art statute replaced art provision replaced new enactments replaced earlier statutes january narrowly drawn predecessors whatever merits district conclusions earlier statutes challenge new provisions presents different case thus although live controversy statutes time district decree pending prosecutions old statutes portions district judgment relating become moot determine certainty whether pending prosecutions even whether district intended enjoin proper disposition remand case district findings cf diffenderfer central baptist church pending prosecutions superseded statutes district vacate declaratory injunctive relief pending prosecutions remaining appellees district make findings whether particular prosecutions brought bad faith genuine expectation conviction finds enter appropriate decree may ultimately review propriety federal intervention circumstances case merits holding striking state statutes two remaining statutes tex civ arts necessary reasons us time reach younger questions merits decision statutes constitutionality also must remand determination whether pending prosecutions although none appellees might still threatened prosecutions future since statutes still force threatened prosecutions appellees sought declaratory relief statutes case governed younger steffel thompson decided term district course benefit opinion steffel time decision therefore think appropriate vacate judgment district statutes remand findings reconsideration light steffel thompson pending prosecutions district determine whether brought bad faith purpose harassing appellees deterring exercise first amendment rights allowing prosecutions proceed result irreparable injury appellees pending prosecutions declaratory relief sought steffel clearly controls younger showing need made summary affirm decree granting injunctive relief police misconduct appropriate modifications delete reference five statutes held unconstitutional district vacate district judgment five statutes remand proceedings consistent opinion ordered footnotes named caption francisco medrano kathy baker david lopez gilbert padilla magdaleno dimas benjamin rodriguez individual plaintiffs named body complaint judgment also rendered members plaintiff farmworkers organizing committee persons sympathy voluntary support aims said plaintiff union engaged engaging may hereafter engage peaceful picketing peaceful assembly organizational activities support said plaintiff union may engage concert action one plaintiffs solicitation agricultural workers others join make common cause matters pertaining work labor agricultural workers abuse bonding process later eugene nelson arrested threatening life texas ranger see infra deputy sheriff rejected valid reason bond knew good deputy paul pena filed charges reynaldo de la cruz although pena never seen offense wearing badge around union hall badge question shield type worn officers star type pena conceded knew de la cruz dimas worn similar badges directing traffic union functions la casita farms farm workers organizing dist starr county texas july appellants exhibit district ordered adjudged decreed defendants successors agents employees persons acting concert permanently enjoined restrained following acts conduct directed toward applied plaintiffs persons represent using manner defendants authority peace officers purpose preventing discouraging peaceful organizational activities without adequate cause interfering stopping dispersing arresting imprisoning person means picketing assembling solicitation organizational effort without adequate cause arresting person without warrant without probable cause probable cause accompanied intention present appropriate written complaint competent jurisdiction stopping dispersing arresting imprisoning person without adequate cause arrest person used paragraph subparagraphs term adequate cause shall mean actual obstruction public private passway road street entrance actually causes unreasonable interference ingress egress flow traffic force violence threat force violence actually committed person conduct actually aiding abetting participating conduct another person probable cause may cause defendant believe good faith one particular persons violate criminal law state texas specific laws herein declared unconstitutional municipal ordinance argued public service brashear lines holds ancillary jurisdiction courts brashear plaintiffs refused pay fees assessed statute challenged suit attack statute failed defendants sought damages held damages action heard single district judge proper exercise ancillary jurisdiction defendants claim completely unrelated basis convened purpose served determined tribunal held nce convened case disposed ground whether justified calling georgia public service indeed required hear nonconstitutional attack upon statute florida lime growers jacobsen rosado wyman instant case nearly identical milky way leary considered summarily affirmed judgment regarding assertedly illegal application new york statute concededly constitutional decision rendered exercise ancillary jurisdiction acquired result facial attack different related state statute supp sdny part decree enjoining police misconduct intimately bound ancillary remainder judgment even brashear held jurisdiction hear every question pertaining prayer injunction order single lawsuit may afford final authoritative decision controversy parties view followed perez ledesma district sustained state obscenity statute federal constitutional attack provided basis convening district went determine arrests plaintiffs seizures incident thereto unconstitutional prior adversary hearing held supp ed la therefore issued order suppressing evidence state case reviewed order merits assuming properly us appeal order granting denying interlocutory permanent injunction civil action required heard see stewart concurring basis ancillary jurisdiction least compelling true also held perez order striking local parish ordinance properly us attack wholly different enactment involving detailed factual inquiries common ancillary constitutional challenge state law supporting jurisdiction central determination finding order regarding parish ordinance issued rather judge boyle acting single district judge obviously case naacp thompson appeals reversed denial relief district concluding defendants believed plaintiffs demonstrations must suppressed order intend take advantage law ordinance however inapplicable however slight transgression continue harass intimidate plaintiffs findings show least much lankford gelston en banc ordered police enjoined making searches without probable cause concluding raids isolated instances undertaken individual police officers see also wolin port new york authority challenge district conclusion proper class action see infra moreover portion decree directed police misconduct generally rather particular state statute named plaintiffs intimidated misconduct may represent others class similarly abused without regard asserted state statutory basis police actions decree directed state prosecutors state judges exception one justice peace whose involvement apparently consisted issuing warrants without proper basis moreover terms restrain prosecutions arresting imprisoning filing criminal charges threatening arrest ordering advising suggesting appellees disperse authority portion statutes struck reading complaint suggests injunctive relief pending prosecutions ever requested whether fact pending prosecutions guidance district passing reference plaintiffs facing charges texas courts impossible determine charges might pending indeed light district failure treat statutes separately findings harassment certain reference pending charges finding charges pending statutes state charges pending speculate trial never commenced pendency federal suit may result informal agreement federal may indicate state abandoned intention bring cases trial indeed may state law bar prosecutions delay see tex art tex code crim art therefore appropriate remand district findings question federal system appellate determines mootness time considers case time filed roe wade pending prosecutions members class named action district must find class properly represented appellants stipulated district plaintiffs properly representative class purport represent document record appeal regard note union named plaintiff judgment issued behalf members case union standing named plaintiff raise claims member union standing raise unions may sue persons deprived rights secured constitution laws american fed state mun emp woodward implicitly recognized protected first amendment rights flow unions well members organizers carpenters union ritter cafe cf naacp button alleged union complaint members subject unlawful arrests intimidation engaging union organizational activity protected first amendment union capacity communicate unlawfully impeded since union act members union standing complain arrests intimidation bring action see dombrowski pfister ppellants attacked good faith appellees enforcing statutes claiming invoked threaten continue invoke criminal process without hope ultimate success discourage appellants civil rights activities see also cameron johnson perez ledesma separate opinion brennan reach question reserved steffel whether younger showing necessary obtain injunctive relief threatened prosecutions see generally note federal relief threatened state prosecutions implications younger lake carriers roe rev chief justice burger justice white justice rehnquist join concurring result part dissenting part june appellee farm workers organizing committee union called strike farmworkers starr county texas strike collapsed year later union six individuals active strike brought action district southern district texas five texas rangers sheriff two deputy sheriffs special deputy starr county texas starr county justice peace alleging defendants unlawfully suppressed plaintiffs class union members sympathizers purported represent exercise first fourteenth amendment rights free speech association strike suppression alleged caused part enforcement six texas statutes plaintiffs claimed unconstitutional district convened agreed plaintiffs five statutes declared unconstitutional enjoined enforcement district also entered injunction prohibiting acts misconduct defendants associated supp five texas rangers appealed district judgment noted probable jurisdiction today vacates judgment district deals relief granted enforcement statutes remands findings reconsideration case relief granted respect two statutes light steffel thompson avoids significant legal issues fairly presented appeal must resolved deserve full treatment benefit district remand courts must wrestle myriad problems presented applying doctrine younger harris undertake deal issues neither accepts rejects reasoning ultimate resolution issues majority simply chooses reach issues therefore concur result remand also affirms decree granting injunctive relief police misconduct slightly modified reflect remand reasons stated dissent result facts found district dispute review facts necessary understanding difficult legal issues appeal june one eugene nelson strike leader taken custody detained four hours without charges filed custody questioned strike activities informed federal bureau investigation investigating regarding alleged threats violence local courthouse buses used transport mexican farmworkers jobs taken custody nelson international bridge attempting persuade workers join strike another union leader raymond chandler arrested october picketing site refused obey order disperse became involved altercation using loud vociferous language deputy sheriff starr county chandler apparently arrested violating tex penal code art statute bond set although maximum punishment violation art fine two chandler friends came courthouse make bond verbally abused threatened arrest deputy sheriffs october deputy sheriff used violence threat deadly force subdue president local union arrest custody courthouse shouted viva la huelga fellow arrestees november texas rangers time called help keep peace order pendency strike served warrant arrest reynaldo de la cruz charging violation tex rev civ art november members union picketed produce packing sheds located missouri pacific tracks de la cruz arrest two texas rangers made statements arrestee charges filed deputy sheriff reynaldo de la cruz december impersonating officer wearing badge around union hall deputy witnessed offense badge shield type sheriff deputies texas rangers wore badges shape stars deputy filed charges admitted aware knowledge similar badges worn de la cruz another directing traffic union functions also date librado de la cruz attempted grab nonstriking farm employee coat arrested immediately charged assault evening january union supporters gathered starr county courthouse conduct peaceful prayer vigil protest arrests union members earlier day two members group mounted courthouse steps group ordered sheriff deputy leave courthouse grounds two steps refused arrested unlawful assembly apparently violation tex penal code art one two arrested gilbert padilla first named plaintiffs enter chronology minister february nine persons arrested charged disturbing peace apparently violation tex penal code art exhorting field laborers quit work three months later may events occurred appellant captain allee texas rangers informed picketing strikers get job within minutes wage also day texas ranger shoved two persons connected strike including one named plaintiffs david lopez shoved attempted file charges assault county attorney determined insufficient evidence go forward complaint following day may strikers allowed peacefully picket accordance tex rev civ art mass picketing statute allowed depart detained short period time picketing site may eugene nelson arrested threatening life certain texas rangers although appellant allee take threat seriously bond accepted tax records checked following weekend although valid reason waiting since deputy sheriff bond tendered knew full well surety landowner person substance starr county may persons arrested trespassing charge later changed unlawful assembly charge superseded secondary picketing boycott charge ten persons arrested allegedly attempted block train carrying produce second group four persons arrested later evening four apparently arrested unsuccessfully encouraging bystanders picket ultimately charged secondary picketing boycotting upon complaint railroad special agent left scene prior events caused second series arrests included group magdaleno dimas another named plaintiff findings recite krueger another one second group arrested either taking picture husband arrest attempting strike captain allee camera husband defense four arrestees second group roughly handled findings concerning entire incident set clarity may texas rangers arrested apparently pickets allegedly violating mass picketing statute tex rev civ art june texas rangers sought arrested magdaleno dimas home kathy baker another named plaintiff allegedly previously brandished gun threatening manner presence special deputy starr county two persons arrested assisting dimas evade arrest benjamin rodriguez third named plaintiff arrested time police apprehended dimas although district explain rodriguez arrested arrests dimas rodriguez found district accomplished brutal violent fashion strike progress starr county sheriff office assisted regular distribution strongly newspaper week deputies pick locally distribute copies paper ii part consider problems mootness standing part iii discuss younger harris applicability facts instant case injunction police misconduct dealt part iv principal relief granted district declaration five texas statutes unconstitutional injunction continued enforcement district determined facts found appellees overcome burden imposed younger harris supra therefore empowered reach merits constitutional challenges statutes although district recited evidence arrests charges filed make explicit findings specific prosecutions pending time commencement action time decision since facts possible prosecutions pending commencement action crucial matters mootness standing applicability younger harris remand district findings area three statutes held unconstitutional district repealed texas legislature new codification penal code articles unlawful assembly breach peace abusive language longer employed arrest appellees members class remand district first determine whether appellees standing commence action respecting three statutes must alleged plaintiff sustained immediately danger sustaining direct injury result challenged statute official conduct massachusetts mellon littleton even operation arrest prosecution threatened operation statutes one appellees standing commence action district obliged resolve question continuing existence live acute controversy steffel thompson emphasis original see also indiana employment division burney since statutes repealed threats future prosecution longer suffice establish live controversy injury appellees faced face must result pending prosecutions challenged statutes repealed two statutes held unconstitutional district tex rev civ arts repealed say record possibility future prosecutions real district examine standing appellees challenge constitutionality statutes guidelines applicable three repealed statutes except prosecution remains hypothetically possible two statutes see steffel thompson supra recently held littleton supra standing must personal satisfied seek invoke power federal courts see also bailey patterson long district columbia app individual named appellee subject prosecution one challenged statutes appellee standing challenge constitutionality statute individual named appellee threatened prosecution one extant statutes appellee standing challenge constitutionality prosecutions instituted persons named plaintiffs form basis standing bring action particular named plaintiff acquire standing sue bringing action behalf others suffered injury afforded standing named plaintiffs bears repeating person predicate standing injury share standing acquired back door class action littleton supra bailey patterson supra addition individual named appellees union may standing challenge constitutionality statutes long recognized first amendment guarantees free speech assembly important role play labor disputes thornhill alabama thomas collins agree unions entities addition union members organizers entitled benefit guarantees union may sue enforce first amendment rights appellee union alleged complaint deprived constitutional rights free speech assembly actions defendants enforcing challenged texas statutes claimed union union members subject unlawful arrest threats arrest first amendment protected organizational activity behalf union union derivatively suffered position suffer derivatively real injury standing complain injury bring action person member union time person arrest present time standing individually challenge constitutionality one five statutes union standing since inability union member communicate freely restricts ability union communicate ante union act members iii district remand faced issue applicability younger harris appellees since standing continued existence live controversy action relation three repealed statutes depend pendency prosecutions statutes necessary appellees meet younger standards reach constitutional merits statutes extent prove standing individual appellees seeking federal interference state prosecutions union extent standing seeking interference state prosecutions members identity interest union prosecuted members union may seek relief prosecutions members insuring prosecutions cease may union vindicate constitutional interests claims violated union stands place prosecuted members even asserts constitutional rights comity considerations apply whether action brought name individually arrested union member name union inequity requiring union abide legal standards members suing federal union unable meet requirements younger members subject prosecution full opportunity vindicate first amendment rights union members state proceedings result allow easy circumvention younger individuals assert claims first amendment violations unincorporated association individuals association immune younger burdens result contrary reached steffel thompson arrest one demonstrator imputed younger purposes petitioner brought suit declaratory relief application state statute demonstrator arrested petitioner threatened arrest indication case petitioner arrestee associated otherwise distribution antiwar handbills furthermore steffel petitioner departed avoid arrest companion handbilling stayed joint activity petitioner companion steffel ceased prior arrest companion finally indication arrestee seek able vindicate petitioner rights criminal proceeding factual showing unfair require petitioner await outcome state proceedings party apparent connection unfairness inheres situation union might required await state criminal trials members vindicate rights holds common members deprived derivatively prosecutions directed members process determining younger applies becomes complex dealing two extant statutes state prosecutions individual appellees union statutes younger requirements must met prosecutions members union statutes union asserts standing derivatively younger hurdle must met reasons stated standing individual appellees union challenge one statutes based solely threatened prosecutions relief pursued respect statute declaratory younger apply steffel thompson supra appellees seek injunctive relief respect operation enforcement statute violation prosecutions threatened question whether younger applies answered steffel thompson supra since issue may well arise remand premature attempt resolve development relief still requested appellees matter best left district remand finally union sues basis injury members since statute challenged one member must suing behalf meet requirements younger union must even though members burdened brought suit individually requirements younger evaded artificial niceties next step analysis define burdens imposed younger harris held federal interfere state criminal proceedings great immediate irreparable injury must shown beyond associated defense single prosecution brought good faith injury must include except extremely rare cases usual prerequisites bad faith harassment younger made clear mere fact statute federal plaintiff proceeded unconstitutional face justify injunction attempts enforce described important necessary state task enforcing statutes may incidental inhibiting effect first amendment rights socially harmful conduct state believes good faith punishable laws constitution younger principles mandate federal abstention case enforcement facially unconstitutional statutes also require claims unconstitutionality facial invalidity presented first instance state criminal prosecution involving claimed constitutional deprivation pending perez ledesma district upheld challenged louisiana statute valid face ruled arrests state plaintiffs seizure allegedly obscene materials invalid lack prior adversary hearing character materials held interference improper propriety arrests admissibility evidence state criminal prosecutions ordinarily matters resolved state tribunals see stefanelli minard subject course review certiorari appeal proper case federal habeas corpus ledesma free present federal constitutional claims concerning arrest seizure materials matters louisiana courts manner permitted state cases proven harassment prosecutions undertaken state officials bad faith without hope obtaining valid conviction perhaps extraordinary circumstances irreparable injury shown federal injunctive relief pending state prosecutions appropriate nothing record us suggest louisiana officials undertook prosecutions attempt enforce state criminal laws breakdown state judicial system allow federal intervention allegation appellants dombrowski pfister case appellants offered prove inter alia state prosecutor holding public hearings used photostatic copies illegally seized evidence evidence already ordered suppressed state alleged prosecutor threatening use copies illegally seized documents grand jury obtain indictments proved allegations dombrowski made clear case breakdown checks balances state criminal justice system courts lost control prosecutor embarked alleged campaign harassment appellants designed discourage exercise constitutional rights circumstances federal intervention authorized meet younger test federal plaintiff must show manifest bad faith injury great immediate irreparable constituting harassment plaintiff exercise constitutional rights resulting deprivation meaningful access state courts federal plaintiff must prove bad faith requisite injury judging whether prosecution commenced bad faith federal entitled take consideration full range circumstances surrounding prosecutions federal plaintiff district interfere federal must cautious however recognize criminal justice system works according broad discretion charged enforce laws cf santobello new york regard prosecutors often good faith choose prosecute discontinue prosecutions entirely legitimate reasons individual arrested right proceed trial order make constitutional claims respecting arrest conversely prosecutors may proceed trial less open shut case defendants cameron johnson noted question district guilt innocence persons charged question whether statute enforced expectation convictions discourage exercise protected rights mere possibility erroneous application statute amount irreparable injury necessary justify disruption orderly state proceedings dombrowski pfister supra issue guilt innocence state criminal trial state required prove appellants guilty federal proceeding escape finding state expectation securing valid convictions omitted unless injury confronting state criminal defendant great immediate irreparable constitutes harassment prosecution interfered younger severity standard reflects extreme reluctance federal courts interfere pending state criminal prosecutions federal plaintiff seeks injunctive declaratory relief based claimed facial invalidity statute injury may derive prosecutions plaintiff currently facing violation statute alleged also probability future prosecutions statute evidence multiple arrests prosecutions persons federal plaintiff statute may well bear likelihood future arrests prosecutions federal plaintiff state criminal defendant seeking relief one statute must prove requisite degree injury separately statute challenges rule encourage insubstantial multiple attacks constitutionality state statutes persons hoping meet strict standards injury accumulating effects many state provisions order reach constitutional merits one furthermore considerations comity underlie younger ill served federal employ showing bad faith harassment respecting prosecutions brought one facially challenged statute pretext searching state statutory code unconstitutional provisions strike cf boyle landry rule must perforce apply relief sought limited scope way constitutional challenges statutes applied interference specific prosecutions since relief requested affect future operation enforcement statute case statute challenged face injury must derive solely imminence single prosecution possibility future arrests color state statutes irrelevant proof injury challenged prosecution rare case indeed single prosecution provides quantum harm justify interference hand case attack facial constitutionality statute likely prospect multiple prosecutions brought also bad faith without hope conviction violation statute formed basis pending prosecutions federal plaintiff might well constitute sufficient showing harm justify federal decision reach constitutionality statute special problem proof younger injury arises union shall union permitted aggregate injuries members reasonably suffer operation statutes must injury test satisfied independently one person member union reason expressed prosecutions union members attributed union younger purposes rule allow easy unfair circumvention younger necessary injury must confronted single member single member faces younger injury union operates members realistically said face injury principles mind appropriate turn facts instant case district assumed younger applicable held basis facts found requirements younger met district proceeded constitutional merits challenged statutes district younger holding error reason deferring review district legal conclusion younger satisfied although apparently allow appellees second chance proving element case although trial action took place district decision handed time younger issued september parties requested district file supplemental briefs impact younger cause briefs appellants argued federal required younger abstain appellees argued younger apply instant case alternatively younger apply test younger met appellees request hearings adduce proof relating younger bad faith harassment therefore basis reopening matter remand taking valuable judicial time relitigating issue sides day failure decide whether appellees met younger requirements respect challenges five statutes whose validity remains issue cause needless delay lawsuit already far removed time events precipitated respect three repealed statutes action moot appellees met younger burden unable satisfy respect two extant statutes action moot appellees failed satisfy younger appellees satisfy younger threatened prosecutions case resolution younger issues case time expedite proceedings remand remove suit controverted matters ripe judicial determination appellees course seek amend amended complaint make allegations fact regarding events took place strike district judge whether nearly seven years justice requires amendment fed rule civ proc findings fact district justify legal conclusion appellees danger suffering harm great immediate irreparable constituted harassment respect one statutes showing must made appellee separately regarding statute turn analysis facts first issue determine whether bad faith persons found arrested violating tex penal code art unlawful assembly two leaders january prayer vigil five months thereafter arrests took place statute end may persons arrested trespassing later charged unlawful assembly latter charges pending three days dropped replaced charges secondary picketing boycotting evidence relating art clearly insufficient sustain inference appellee including union faced prospect repeated arrests future statute showing defend state criminal actions instituted result arrests made statute manner unusually onerous seriously damaging arrestees traditional arrests traditional burdens defending charges two occasions arrests made violating tex penal code art breach peace raymond chandler october nine persons apparently including chandler february thereafter june arrests made charges filed violations provision inference made person faces likelihood repeated unwarranted arrests statute nothing findings suggest reason believe prosecutions resulting enforcement statute result extraordinary hardship differing ordinarily associated usual defense criminal action appears five members union arrested violating tex penal code art abusive language january midway strike absence younger injury even clearer challenge statute another example single instance enforcement statute arrest persons one occasion may violating tex rev civ art mass picketing facts totally insufficient finding serious injury required younger fourteen persons arrested trespassing may later charged unlawful assembly charges pending three days end time charged violating tex rev civ art secondary picketing boycott provision time persons charged violating art november complaint filed persons illegal picketing november district challenge grounds issuing complaint questions manner custody following arrest one objectionable action nothing whatever offense individual arrested four statutes found unconstitutional test serious injury younger met inadequate showing future harm appellees also failed prove prosecutions might resulted arrests brought bad faith nearly evidence bad faith found district relates activities texas rangers starr county sheriff office prosecutors evidence bearing allegations prosecutorial bad faith restricted three items first district mildly critical investigation apparently inadequate made county attorney starr county shoving incident may subsequent decision go forward complaint filed two men shoved second prosecutor conceivably something excessively high bond set raymond chandler arrest october finding point third arrested february disturbing peace informed justice peace instructions county attorney ever appeared charge post bond record contain finding prosecutions brought promptly dropped one instance persons arrested violating unchallenged statute may later charged first violating tex penal code art challenged statute subsequently violating tex rev civ art also challenged statute isolated instances police misconduct texas rangers starr county sheriff deputies found district turn series prosecutions apparently instituted good faith even assuming persons arrested facing prosecutions result arrests campaign terror union remedied recourse federal courts excluding distribution antiunion newspaper activity hardly said direct immediate disruptive effect daily picketing organizational efforts union district found days long controversy law enforcement judicial officers texas acted improper fashion dealing strikers strike sympathizers average one per month one abuses found district shoving two persons another occasion may camera confiscated two men held near passing train four persons roughly handled arrest texas rangers happened may captain allee texas rangers told picketing strikers get jobs wage icketing occurred every day strike exception sundays yet allegedly harassing action taken strikers june october period four months february may period three months finally surprising texas rangers sheriff deputies found occasions enforce laws governing picketing assembly peace community persons sought attain goals picketing assembling otherwise making cause heard starr county judging infrequency occasions enforcement laws strike become object obsessive interest law enforcement personnel starr county sum findings read showing either bad faith requisite injury respect operation enforcement five challenged statutes appellees totally failed satisfy demands younger harris iv district declared five texas statutes unconstitutional enjoined enforcement also issued injunction shall term police misconduct injunction police misconduct issued behalf named plaintiffs class represent members plaintiff farm workers organizing committee persons sympathy voluntary support aims said plaintiff union engaged engaging may hereafter engage peaceful picketing peaceful assembly organizational activities support said plaintiff union may engage concert action one plaintiffs solicitation agricultural workers others join make common cause matters pertaining work labor agricultural workers ordered adjudged decreed defendants successors agents employees persons acting concert permanently enjoined restrained following acts conduct directed toward applied plaintiffs persons represent using manner defendants authority peace officers purpose preventing discouraging peaceful organizational activities without adequate cause interfering stopping dispersing arresting imprisoning person means picketing assembling solicitation organizational effort without adequate cause arresting person without warrant without probable cause probable cause accompanied intention present appropriate written complaint competent jurisdiction stopping dispersing arresting imprisoning person without adequate cause arrest person used paragraph subparagraphs term adequate cause shall mean actual obstruction public private passway road street entrance actually causes unreasonable interference ingress egress flow traffic force violence threat force violence actually committed person conduct actually aiding abetting participating conduct another person probable cause may cause defendant believe good faith one particular persons violate criminal law state texas specific laws herein declared unconstitutional municipal ordinance jurisdiction appeal paragraph final judgment proper course vacate remand portion district judgment entry fresh judgment timely appeal taken appeals fifth circuit see edelman townsend may hear appeal order granting denying notice hearing interlocutory permanent injunction civil action suit proceeding required act congress heard determined district three judges stated jurisdiction act narrowly construed since loose construction requirements act defeat purposes congress keep within narrow confines appellate docket phillips goldstein cox consonance philosophy public service brashear lines unanimous opinion written justice black held following denial district application injunction allegedly unconstitutional state statute single district judge heard motion assess damages arising temporary restraining order granted single district judge pending hearing injunction application limited statutory duties specially constituted three judge district fully performed motion assessment damages filed judicial code provides hearing three judges instead one district judge connection adjudication narrow type controversy applications temporary permanent injunctions restraining state officials enforcing state laws orders made pursuant thereto upon ground state statutes repugnant federal constitution motion damages raised questions within statutory purpose two additional judges called questions therefore consideration district exercise ordinary jurisdiction three judge requirement application footnotes omitted reaffirmed brashear holding perez ledesma perez appellees charged informations filed state violations louisiana statute local parish ordinance federal district held state statute facially constitutional ruled arrests seizures materials invalid entered suppression order required return seized materials appellees district also expressed view parish ordinance invalid district judge initially referred action adopted view declared ordinance invalid refused review decision concerning local ordinance stating even order granting declaratory judgment ordinance entered acting capacity held moody flowers properly convened consider constitutionality statute local application similar local ordinance jurisdiction consider direct appeal civil actions required heard determined since constitutionality parish ordinance required heard determined panel jurisdiction review question fact properly convened case consider injunctive relief requested enforcement state statute give jurisdiction direct appeal controversies independent jurisdictional base even properly convened consider one controversy two parties parties necessarily entitled direct appeal controversies may exist see public service brashear freight lines omitted district venture beyond two narrow necessary exceptions general rule required hear matters beyond constitutional challenge statute led convening example retain jurisdiction assess damages brashear lines supra insure enforcement decree entered adjudging statute unconstitutional cf hamilton nakai cert denied rule encumber district time district calendars overburdened consuming time three federal judges matter required determined rosado wyman supra even general rule ancillary relief aid injunctive relief issue injunction police misconduct case considered ancillary primary relief confer jurisdiction upon direct appeal enjoining enforcement state statutes far different enterprise enjoining specific police misconduct separate review first second appeals result fragmented appeal application younger harris test bad faith harassment look certain specific types police prosecutorial misconduct predicate reaching merits constitutional attack state statutes violation persons subject prosecution finding police harassment necessary issuance injunction police misconduct younger determination merits younger concerned principally police prosecutorial misconduct denies person subject state laws fair opportunity challenges laws heard state courts whereas weighing whether issue injunction police misconduct likely concerned solely police misconduct denies persons constitutional rights may overlap facts possibly relevant younger harris determination merits whether grant injunction police misconduct identity proof legal standards apply facts nature object determination different thus injunction police misconduct related injunctive relief operation unconstitutional state statutes require district even brashear perez apply foreclose consideration paragraph district judgment upon issuance declaratory injunctive relief five texas statutes district dissolved referred case single district judge case originally assigned whatever proceedings necessary assuming arguendo jurisdiction review injunction police misconduct proper course vacate remand portion district judgment injunction police misconduct entered district without benefit independent analysis findings opinion penultimate paragraph opinion district sole discussion provided regarding injunction later entered addition plaintiffs also entitled permanent injunction restraining defendants future acts enforcing statutes declared void also restraining future interference civil rights plaintiffs class represent hairston hutzler supp pa finally satisfied district abused discretion granted injunction police misconduct injunction entered allow review federal way contempt proceedings claims time sub judice ongoing state criminal proceedings example assume deputy sheriff made arrest without warrant incident arrest seized evidence relevant proof criminal offense arrestee seek suppress evidence state criminal trial ground arrest preceded seizure based upon probable cause injunction police misconduct permit trial claim federal final judgment par perez ledesma samuels mackell require younger showing contempt citation issue situation injunction contemplates type interference state criminal proceedings invalid face federal intervene establish basis future intervention intrusive unworkable littleton although dealt propriety injunction purport punish contempt actions judicial officers taken course state criminal proceedings potential disruption state criminal proceedings principal concern analysis real possibility case district injunction police misconduct however accomplished major continuing intrusion equitable power federal courts daily conduct state criminal proceedings sharp conflict principles equitable restraint recognized problems created injunction police misconduct manifold enforcement injunction district likely place collision course holdings younger fact law enforcement officers starr county indeed whole state texas compelled enforce law threat criminal contempt proceedings district southern district texas illustrates reckless course action embarked upon district issuing injunction federal district courts meant chiefs disciplining individual law enforcement officers infractions rules arrests searches seizures district improperly intrudes upon local police functions undermine important values police long district columbia app wright concurring problems injunction likely create find reason believe provide meaningful relief appellees comment federal injunction remedy unconstitutional police conduct yale district entered injunction ineffective providing relief appellees likely provoke extreme resentment among injunction restrains genuine concern among still adhere proposition state federal relations governed notions comity event believe facts found district support granting prohibitory mandatory injunction police conduct ecognition need proper balance concurrent operation federal state courts counsels restraint issuance injunctions state officers engaged administration state criminal laws absence showing irreparable injury great immediate younger harris littleton francisco medrano kathy baker david lopez gilbert padilla magdaleno dimas benjamin rodriguez jurisdiction alleged tex penal code arts unlawful assembly breach peace abusive language tex rev civ arts mass picketing secondary picketing boycotting district must find class properly represented ante take mean named plaintiff must appropriate representative class named plaintiff must suffered injury class purportedly represented injury must sufficient accord named plaintiff standing sue right bailey patterson long district columbia app see sierra club morton naacp button union may course directly subject criminal prosecution union prosecuted threatened prosecution qua union position individual litigant regard standing younger harris special rules outlined opinion designed common situation union injured proceeded directly operation criminal laws rather injured derivatively prosecutions threats prosecutions members see supra need attempt define situations proper impute state criminal prosecution one federal plaintiff one association state criminal defendant federal plaintiff necessary imputation depend upon facts joint activity common interest relief open district remand limited repeal three statutes since statutes longer exist conceivable chilling effect others exercise constitutionally protected rights justification disappeared permitting litigant challenge statute unconstitutional application statute conduct rather statute might persons applied unconstitutional manner repealing statutes state remove seeming threat deterrence constitutionally protected expression district apply strong medicine overbreadth doctrine employed sparingly last resort hold statutes unconstitutional face broadrick oklahoma see infra proof union members subject arrests prosecutions statute may relevant claim union member faces injury substantial likelihood arrested prosecuted bad faith future color statute see supra see amended complaint supp sd tex see amended complaint see amended complaint find nothing improper warning second offense statute usually looked seriously first captain allee apparently longer active service retired texas rangers according appellees longer member texas department public safety defendants supplemental district brief filed appellees longer active controversy captain allee suit dismissed moot see infra rely milky way leary contrary proposition jurisdiction review way direct appeal ancillary matters decided district exercise primary review constitutional validity state statutes precedential value summary affirmance case somewhat diminished fact brashear problem raised appellees briefs fact one appellees contrary brashear appears concede possesses jurisdiction review ancillary matters decided properly convened motion dismiss affirm appellee frank hogan noted perez ledesma included full analysis ancillary jurisdiction direct appeal decided milky way summarily affirmed although district perez stated held state statute facially constitutional decision district arrests seizures unconstitutional appears fact derived broad condemnation obscenity statutes including state statute dealt case without provisions incorporated therein protecting criminal liability acts occurring prior adversary judicial determination obscenity supp ed la effect district perez acted broadly render nullity louisiana statute see rubin dissenting therefore properly jurisdiction appeal properly ruled question whether district interfered state criminal proceedings invalidating arrests seizures made without prior adversary hearing jacobsen reasoned hold contrary permit one federal district judge enjoin enforcement state statute ground federal unconstitutionality whenever ground attack also alleged might well defeat purpose emphasis original hold district required hear matters unrelated determination whether enjoin enforcement state statutes pose similar risk author comment wrote tolerated constitutional violations prohibitory injunction ordered high police officials refrain unconstitutional conduct useless problem lies officials purely prohibitory injunctions directed subordinate policemen acting illegally courts unable enforce injunctions unless willing take task disciplining individual policemen approach highly inefficient since means enforcing orders directly policemen contempt proceeding far cumbersome deal effectively large numbers alleged violations injunction utility remedy tolerated police abuse must require affirmative action officials responsible police conduct yale emphasis original omitted injunction may run judicial officers texas justice peace named defendant injunction enjoins defendants successors agents employees persons acting concert littleton seem plainly forbid anticipatory interference injunction official activities state judicial officers see parts iii supra