In re Smith (01-12537, Adv. No. 03-01004)

Debtor sought injunction of state criminal proceeding on grounds it was a subterfuge to collect debt. Court granted summary judgment to defendants because plaintiff failed to establish, pursuant to Younger doctrine, that the criminal case presented a threat of great an immediate injury or that an injunction was necessary to preserve to a federally protected right.

Wednesday, October 1, 2003