huffman pursue argued december decided march ohio public nuisance statute provides inter alia place exhibiting obscene films nuisance requires year closure place determined nuisance also provides sale personalty used conducting nuisance appellant officials instituted proceeding statute state appellee predecessor operator theater displaying pornographic films concluding defendant displayed obscene movies trial rendered judgment appellants favor ordered theater closed year seizure sale personal property used operation appellee taken operation theater prior judgment rather appealing within state system immediately filed suit federal district alleging appellants use nuisance statute constituted deprivation constitutional rights color state law seeking injunctive declaratory relief without considering whether stayed hand deference federalism principles set forth younger harris district declared nuisance statute unconstitutional first amendment grounds enjoined execution state judgment insofar closed theater films adjudged obscene prior adversary hearings held circumstances principles younger applicable even though state proceeding civil nature district applied tests laid younger determining whether proceed merits entertained action unless appellee established early intervention justified exceptions recognized younger state proceeding conducted intent harass bad faith challenged statute flagrantly patently unconstitutional pp component younger rests upon threat federal system federal judicial interference state criminal proceedings permitted applies equally civil proceeding akin criminal prosecution civil cases pp apart right appellee might appeal remained state view comity federalism interests younger seeks protect permitted luxury federal litigation issues presented ongoing state proceedings even assuming arguendo litigants entitled federal forum resolution federal issues entitlement appropriately asserted state litigant seeks relitigate federal issue adversely determined completed state proceedings pp regardless state trial judgment became final younger standards must met justify federal intervention state judicial proceeding losing litigant exhausted state appellate remedies seeking relief federal district considerations comity federalism underlie younger permit truncation exhaustion requirement merely losing party state general jurisdiction believes appellee chances prevailing appeal auspicious pp since district rule younger issue case appropriate remand may consider whether irreparable injury shown light intervening ohio decision whether injury nature district may assume jurisdiction exception policy federal judicial interference state proceedings kind pp rehnquist delivered opinion burger stewart white blackmun powell joined douglas filed dissenting statement post brennan filed dissenting opinion douglas marshall joined post james clancy argued cause appellants brief lawrence huffman pro se richard bertsch albert johnston iii gilbert deitch argued cause appellee brief robert eugene smith barbara scott james bouras filed brief motion picture association america amicus curiae urging affirmance justice rehnquist delivered opinion case requires decide whether decision younger harris bars federal district intervening state civil proceeding proceeding based state statute believed district unconstitutional similar issue raised gibson berryhill required decide enjoined state proceedings biased administrative body provide necessary predicate younger dismissal opportunity raise timely decided competent state tribunal federal issues involved similarly speight slaton noted probable jurisdiction consider applicability younger noncriminal cases remanded reconsideration light subsequent decision georgia struck challenged statute similar facts today reach issue conclude circumstances presented principles younger applicable even though state proceeding civil nature appellants sheriff prosecuting attorney allen county ohio case arises efforts close cinema theatre lima ohio management current tenant appellee pursue appellee predecessor william dakota cinema specialized display films may fairly characterized pornographic numerous instances adjudged obscene adversary hearings appellants sought invoke ohio public nuisance statute ohio rev code ann et seq appellee section provides place exhibits obscene films nuisance requires closure year place determined nuisance statute also provides preliminary injunctions pending final determination status nuisance sale personal property used conducting nuisance release closure order upon satisfaction certain conditions including showing nuisance appellants instituted nuisance proceeding common pleas allen county appellee predecessor william dakota course somewhat involved legal proceedings followed common pleas reviewed movies shown theater rendered judgment dakota engaged course conduct displaying obscene movies cinema theater therefore closed pursuant ohio rev code ann purpose period one year unless sooner released order pursuant fulfilling requirements provided section revised code ohio judgment also provided seizure sale personal property used theater operations appellee pursue succeeded william dakota leasehold interest cinema prior entry judgment rather appealing judgment within ohio system immediately filed suit district northern district ohio complaint based alleged appellants use ohio nuisance statute constituted deprivation constitutional rights color state law sought injunctive relief declaratory judgment statute unconstitutional unenforceable since complaint directed constitutionality state statute convened district concluded statute vague constitute overly broad prior restraint first amendment rights insofar permanently temporarily prevented showing films adjudged obscene prior adversary hearings cf near minnesota ex rel olson fashioning remedy match perceived constitutional defect permanently enjoined execution portion state judgment closed cinema films adjudged obscene judgment opinion district give indication considered whether stayed hand deference principles federalism find expression younger harris appeal appellants raise younger problem well variety constitutional statutory issues need consider applicability younger ii younger companion cases considered propriety intervention pending state criminal prosecutions issue novel one relied heavily fenner boykin subsequent cases endorsed holding federal injunctions state criminal law enforcement process issued extraordinary circumstances danger irreparable loss great immediate younger involved challenge prosecution california criminal syndicalism act allegedly unconstitutional face opinion justice black observed perfectly natural cases repeat time time normal thing federal courts asked enjoin pending proceedings state courts issue injunctions noted congressional statute manifested interest permitting state courts try state cases also long existed strong judicial policy federal interference state criminal proceedings recognized judicial policy based part traditional doctrine equity stay hand movant adequate remedy law particularly act restrain criminal prosecution went explain doctrine reinforced even vital consideration aspect federalism described notion comity proper respect state functions recognition fact entire country made union separate state governments continuance belief national government fare best institutions left free perform separate functions separate ways national government anxious though may vindicate protect federal rights federal interests always endeavors ways unduly interfere legitimate activities ibid younger also considered whether policy noninterference modified decision dombrowski pfister least insofar first amendment attacks statutes thought facially invalid concerned observed arrests threatened prosecutions dombrowski alleged bad faith employed means harassing plaintiffs case thus within traditional narrow exceptions doctrine federal courts interfere state prosecutions acknowledged younger course conceivable statute might flagrantly patently violative express constitutional prohibitions every clause sentence paragraph whatever manner whomever effort might made apply situation might justify federal intervention unequivocally held facial invalidity statute exceptional circumstance justifying federal interference state criminal proceedings steffel thompson considered whether younger required exceptional circumstances justify federal declaratory relief state criminal statutes prosecution pending concluding occasion identify specifically means federal interference state proceedings might violate principles comity federalism younger based noted relevant principles equity comity federalism little force absence pending state proceeding explained state criminal proceeding pending time federal complaint filed federal intervention result duplicative legal proceedings disruption state criminal justice system federal intervention circumstance interpreted reflecting negatively upon state ability enforce constitutional principles ibid iii seriousness federal judicial interference state civil functions long recognized consistently required federal courts confronted requests relief abide standards restraint go well beyond private equity jurisprudence example massachusetts state grange benton involved effort enjoin operation state daylight savings act writing justice holmes cited fenner boykin supra emphasized rule strictly observed injunction issue officers state clothed authority enforce law question unless case reasonably free doubt necessary prevent great irreparable injury although justice holmes confronted bill seeking injunction state executive officers rather state judicial proceedings think relevant considerations federalism less weight latter setting anything counsel heavily toward federal restraint since interference state judicial proceeding prevents state effectuating substantive policies also continuing perform separate function providing forum competent vindicate constitutional objections interposed policies interference also results duplicative legal proceedings readily interpreted reflecting negatively upon state ability enforce constitutional principles cf steffel thompson supra component younger rests upon threat federal system thus applicable civil proceeding quite much criminal proceeding younger however also rests upon traditional reluctance courts equity even within unitary system interfere criminal prosecution strictly speaking element younger available mandate federal restraint civil cases whatever may weight attached factor civil litigation involving private parties deal state proceeding important respects akin criminal prosecution civil cases state party common pleas proceeding proceeding aid closely related criminal statutes prohibit dissemination obscene materials thus offense state interest nuisance litigation likely every bit great criminal proceeding cf younger harris stewart concurring similarly case district injunction directly disrupted ohio criminal justice system disrupted state efforts protect interests underlie criminal laws obtain compliance precisely standards embodied criminal laws iv spite critical similarities criminal prosecution ohio nuisance proceedings appellee nonetheless urges also critical difference two cause us limit younger criminal proceedings difference says appellee whereas criminal defendant may exhaustion state remedies present constitutional claims federal courts habeas corpus analogous remedy available one like appellee whose constitutional rights may infringed state proceeding result custodial detention criminal sanction civil litigant may course seek review federal claim properly asserted rejected state courts moreover final decision state sustained validity state statute challenged federal constitutional grounds appeal lies matter right thus appellee case assured eventual consideration claim quite apart appellee right appeal remained state conclude permitted luxury federal litigation issues presented ongoing state proceedings luxury already explained quite costly terms interests younger seeks protect appellee argument may civil counterpart federal habeas contemporaneous access federal forum federal claim apparently depends unarticulated major premise every litigant asserts federal claim entitled decided merits federal rather state need consider validity premise order reject result appellee seeks even assuming arguendo litigants entitled federal forum resolution federal issues entitlement appropriately asserted state litigant seeks relitigate federal issue adversely determined completed state proceedings understand federal forum must available prior completion state proceedings federal issue arises considerations canvassed younger militate result issue whether federal courts able interfere ongoing state proceedings quite distinct separate issue whether litigants entitled subsequent federal review dispositions federal questions younger turned considerations comity federalism peculiar fact state proceedings pending turn fact event criminal defendant eventually obtained federal habeas consideration federal claims propriety interference ohio nuisance proceeding must likewise controlled application considerations comity federalism informed relevant principles comity federalism least three courts appeals applied younger pending state proceedings civil nature see duke texas lynch snepp cousins wigoda purposes case us however need make general pronouncements upon applicability younger civil litigation suffices say reasons heretofore set conclude district applied tests laid younger determining whether proceed merits appellee prayer relief ohio civil nuisance proceeding appellee contends even younger applicable civil proceedings sort nonetheless govern case time district acted longer pending state proceeding term used younger younger subsequent cases steffel used term pending proceeding distinguish state proceedings already commenced merely incipient threatened course state proceeding begun long appellee sought intervention district appellee point take state proceeding begun ended time district complaint filed appellee apparently relies facts allen county common pleas already issued judgment permanent injunction action filed appeal judgment ever taken ohio appellate courts matter state procedure judgment presumably became final sense nonappealable point district filing possibly prior entry district judgment surely single judge stayed state judgment need however engage inquiry regardless common pleas judgment became final believe necessary concomitant younger party appellee posture must exhaust state appellate remedies seeking relief district unless bring within one exceptions specified younger virtually evils younger directed inhere federal intervention prior completion state appellate proceedings surely intervention occurred trial intervention later stage anything highly duplicative since entire trial already taken place also direct aspersion capabilities good faith state appellate courts nuisance proceedings federal intervention appellate stage less disruption state efforts protect interests deems important indeed likely even disruptive offensive state already nisi prius determination valid policies violated fashion justifies judicial abatement federal intervention fashion designed annul results state trial also deprives function quite legitimately left overseeing trial dispositions constitutional issues arise civil litigation jurisdiction think consideration importance typically judicial system appellate courts nature litigant appropriate forum resolution constitutional contentions especially true constitutional issue involves statute capable judicial narrowing short believe state judicial system fairly accorded opportunity resolve federal issues arising courts federal district permitted substitute state appellate courts therefore hold younger standards must met justify federal intervention state judicial proceeding losing litigant exhausted state appellate remedies time appellee filed action district available remedy appeal ohio appellate courts appellee nonetheless contends exhaustion state appellate remedies required appeal futile claim based decision ohio state ex rel keating motion picture film entitled vixen ohio rendered time proceedings common pleas keating uphold use nuisance statute film ran afoul ohio statutory definition obscenity absolutely nothing say respect appellee principal contention whether first fourteenth amendments prohibit blanket injunction showing films including adjudged obscene adversary proceedings therefore difficulty understanding appellee belief appeal doomed failure importantly opinion considerations comity federalism underlie younger permit truncation exhaustion requirement merely losing party state general jurisdiction believes chances success appeal auspicious appellee obviously believes possessed viable federal claim else assiduously seek litigate district yet art vi constitution declares judges every state shall bound federal constitution laws treaties appellee truth urging us base rule assumption state judges faithful constitutional responsibilities refuse district entertained action seeking preappeal interference state judicial proceeding unless appellee established early intervention justified one exceptions recognized younger vi younger civil counterpart apply today course allow intervention cases district properly finds state proceeding motivated desire harass conducted bad faith challenged statute flagrantly patently violative express constitutional prohibitions every clause sentence paragraph whatever manner whomever effort might made apply noted district case rule younger issue thus apparently considered whether intervention justified one narrow exceptions even district opinion interpreted sub silentio determination case fits within exception statutes flagrantly patently violative express constitutional prohibitions characterization statute possible subsequent decision ohio state ex rel ewing motion picture film entitled without stitch ohio case narrowly construed ohio nuisance statute view avoiding constitutional difficulties concerned district therefore think case appropriate remand district may consider whether irreparable injury shown light without stitch whether injury nature district may assume jurisdiction exception policy federal judicial interference state proceedings kind judgment district vacated cause remanded proceedings consistent opinion ordered footnotes sosna directed parties address younger issue reflecting concern whether constitutional merits reached light sosna failure appeal state trial adverse ruling state appellate network parties urged proceed merits reach issue sosna see miller california discusses distinction pornography obscenity definitions used sections revised code relating nuisances nuisance means defined declared statutes also means place upon lewdness assignation prostitution conducted permitted continued exists place upon lewd indecent lascivious obscene films plate negatives film plate positives films designed projected screen exhibition films glass slides either negative positive form designed exhibition projection screen photographed manufactured developed screened exhibited otherwise prepared shown personal property contents used conducting maintaining place purpose chapter shall affect newspaper magazine publication entered second class matter department interpreted ohio state ex rel keating motion picture film entitled vixen ohio determination obscenity based definition contained ohio criminal statutes ohio rev code ann supp remand keating following decision miller california supra ohio concluded statute definition comported miller constitutional standards ohio content judgment order existence nuisance admitted established action provided sections inclusive revised code criminal proceeding order abatement shall entered part judgment case order shall direct removal place personal property contents used conducting nuisance already released authority provided section revised code shall direct sale thereof belong defendants notified appearing manner provided sale chattels execution order shall also require renewal one year bond furnished owner real property provided section revised code furnished shall continue one year closing order issued time granting temporary injunction closing order issued shall include order directing effectual closing place use purpose keeping closed period one year unless sooner released owner place closed released bond may appear obtain release manner upon fulfilling requirements provided section revised code release property section shall release judgment lien penalty liability may subject owners unsold personal property contents seized must appear claim within ten days order abatement made prove innocence satisfaction knowledge said use thereof reasonable care diligence known thereof every defendant action presumed knowledge general reputation place innocence established unsold personal property contents shall delivered owner otherwise shall sold provided section removing selling personal property contents officer shall entitled charge receive fees levying upon selling like property execution closing place keeping closed reasonable sum shall allowed ohio rev code ann supra ibid referenced portion provides owner real personal property closed restrained closed restrained may appear filing petition hearing application permanent injunction upon payment costs incurred upon filing bond owner real property sureties approved clerk full value property ascertained vacation judge conditioned owner immediately abate nuisance prevent established kept decision judge rendered application permanent injunction judge vacation satisfied good faith owner real property innocence part owner personal property knowledge use personal property nuisance reasonable care diligence owner known thereof shall deliver real personal property respective owners thereof discharge refrain issuing time hearing application temporary injunction order closing real property restraining removal interference personal property release real personal property section shall release judgment lien penalty liability may subjected state ex rel huffman dakota civ com pleas allen county ohio judgment primarily directed property interest pursue succeeded district concluded pursue standing challenge nuisance statute similarly counsel pursue conceded oral argument pursue appealed judgment common pleas within ohio system pending convening single judge northern district ohio stayed judgment common pleas except insofar judgment applied films declared obscene prior adversary hearing stay order entered day action filed one day entry judgment common pleas nd ohio apr samuels mackell boyle landry perez ledesma dyson stein byrne karalexis see spielman motor sales dodge beal missouri watson buck williams miller douglas city jeannette title provides may grant injunction stay proceedings state except expressly authorized act congress necessary aid jurisdiction protect effectuate judgments held mitchum foster contained expressly authorized congressional exception thus statute express general congressional attitude recognized younger control case us today standards governing federal interference largely shaped context prayers federal injunctions state proceedings clear respect pending prosecutions standards apply interference form declaratory relief see samuels mackell relation proceeding nominally civil state criminal laws relied lower federal courts resolving younger problems see mtm baxley supp nd probable jurisdiction noted palaio mcauliffe way intend suggest right access federal forum disposition federal issues normal rules res judicata judicial estoppel operate bar relitigation actions federal issues arising state proceedings cf preiser rodriguez assumption made solely means disposing appellee contentions without confronting issues briefed argued case ordinarily difficult consider problem duration younger restrictions entry state trial judgment without also considering res judicata implications judgment however appellants plead res judicata district therefore available see fed rule civ proc sosna iowa state judicial system may retain undisturbed jurisdiction despite possibly erroneous trial disposition constitutional issues recognized dombrowski pfister stated mere possibility erroneous initial application constitutional standards usually amount irreparable injury necessary justify disruption orderly state proceedings requiring exhaustion state appellate remedies purposes applying younger way undermine monroe pape held one seeking redress deprivation federal rights need first initiate state proceedings based related state causes action monroe pape nothing problem presently us deference accorded state proceedings already initiated afford competent tribunal resolution federal issues exhaustion requirement likewise inconsistent cases city bank farmers trust schnader bacon rutland expressed doctrine federal equity plaintiff challenging state administrative action need exhausted state judicial remedies cases deal situations state judicial process initiated appellee option appeal state courts time filed action know certain whether remedy remained available time district issued permanent injunction whether remains available event appellee may avoid standards younger simply failing comply procedures perfecting appeal within ohio judicial system without stitch decided closure provisions ohio rev code ann applicable even theater shown one film adjudged obscene however ohio concerned constitutional implications prior restraint films adjudged narrowing statute noted specifies conditions release may obtained closure order property owner must appear pay cost incurred action file bond full value property demonstrate prevent nuisance made critical clarification nuisance exhibition particular film declared obscene release provisions appellants contend require owner show film exhibited period obscene requirement impossible practical matter also unconstitutional prior restraint ohio mr dissent treatment state civil proceeding one aid closely related criminal statutes obviously first step toward extending state civil proceedings generally holding younger harris federal courts interfere pending state criminal proceedings except extraordinary circumstances similarly today holding plaintiff action may maintain without first exhausting state appellate procedures review adverse state trial decision obvious first step toward discard heretofore settled law actions may maintained without first exhausting state judicial remedies younger harris basically application context relation federal courts pending state criminal prosecutions basic doctrine equity jurisprudence courts equity particularly act restrain criminal prosecution maxim equity enjoin criminal prosecution summarizes centuries weighty experience law stefanelli minard younger harris also decision enforcing national policy forbidding federal courts stay enjoin pending state criminal proceedings except special circumstances see also decisions long antedating younger harris invested basic maxim particular significance restraint upon federal equitable interference pending state prosecutions showing irreparable injury alone irreparable injury great immediate required justify federal injunctive relief pending state prosecution fenner boykin spielman motor sales dodge injury merely incidental every criminal proceeding brought lawfully good faith irreparable injury justifies injunction douglas city jeannette see also dombrowski pfister line decisions culminating younger harris reflects longstanding recognition equitable interference federal courts pending state prosecutions incompatible federal system paramount role definition crimes enforcement criminal laws noninterference state prosecution crimes protects sensitive source friction nation stefanelli minard supra tradition however quite opposite respects federal injunctive interference pending state civil proceedings even though legislation far back provided seemingly uncompromising language mitchum foster federal may grant injunction stay proceedings state specified exceptions see consistently engrafted exceptions upon prohibition many exceptions engrafted euphemism implied story appears mitchum foster supra indeed congress became concerned decision toucey new york life ins forecast possibility act might enforced according literal terms congress amended act restore basic law generally understood interpreted prior toucey decision mitchum foster supra thus today extension younger harris turns clock back portends resuscitation literal command act state courts free interference federal injunction even civil cases overrule decades jurisprudence heedlessly flout congress evident purpose enacting amendment acquiesce jurisprudence extension also threatens serious prejudice potential plaintiff present pending state proceeding criminal prosecution prosecution come existence completion steps designed safeguard spurious prosecution arrest charge information indictment contrast civil proceeding case comes existence merely upon filing complaint whether well founded deny fiat potential federal plaintiff federal forum circumstance obviously arm adversary public authorities easily wielded weapon strip forum remedy federal statutes enacted assure escape consequence characterizing state civil proceeding involved aid closely related criminal statutes nuisance action brought mere filing complaint state untoward consequences federal plaintiff thereby set train without regard connection proceeding state criminal laws even extension younger harris pending state civil proceedings appropriate case think plainly improper case action federal plaintiff case grounded upon statute serves particular congressional objective long recognized enforced today extension defeat objective war nationalism dominated political thought brought congressional investiture federal judiciary enormously increased powers zwickler koota section enacted time civil rights act stat act judiciary act granted federal courts general jurisdiction completely altered congress war policy relying state courts vindicate rights arising constitution federal laws statutes constituted lower federal courts primary powerful reliances vindicating every right given constitution laws treaties steffel thompson fact standing alone state courts also must protect federal rights never justify refusal federal courts exercise jurisdiction zwickler koota supra true notwithstanding possibility review state decisions even available appeal rather discretionary writ certiorari possibility inadequate substitute initial district determination litigant entitled federal courts england louisiana state board medical examiners consistently congressional objective acts held monroe pape federal plaintiff suing need exhaust state administrative judicial remedies filing action federal district federal remedy supplementary state remedy latter need first sought refused federal one invoked ibid extension today younger harris require exhaustion action drastically undercuts monroe pape numerous progeny mere filing complaint potential litigant forces exhaust state remedies mitchum foster supra holding actions excepted operation federal statute also undercut today extension younger mitchum canvassed history concluded extended federal power attempt remedy state courts failure secure federal rights mitchum prompted comment younger harris extended civil cases much rigidity section reintroduced significance mitchum seeking relief state civil proceedings largely destroyed recognition section exception statute pyrrhic victory today decision fulfills gloomy prophecy therefore dissent remand reach merits justice douglas joining opinion justice brennan wishes make clear adheres view expressed younger harris dissenting opinion federal abstention interference state criminal prosecutions inconsistent demands federalism important overriding civil rights involved first amendment sacrificed reaches younger issue although appellants plead younger district yet implies younger jurisdictional matter since allowed parties waive sosna iowa ante circumstance address younger issue solely respond treatment abstention authoritative resolution state courts ambiguities state statute sufficiently likely avoid significantly modify federal questions raised statute another matter abstention justified cases primarily policy avoidance premature constitutional adjudication federal plaintiff therefore dismissed federal younger cases contrary may reserve federal questions decision federal district submit state courts england louisiana state board medical examiners accordingly retention federal jurisdiction federal complaint pending decision dismissal complaint correct practice lake carriers assn macmullan title provides every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress note term harv rev