Tuesday, June 9, 2009

Eleventh Circuit Affirms Based Upon Rooker-Feldman

In Jason F. McGee v. The Honorable Carlton L. Kell (08-17063), the Eleventh Circuit affirmed the district court's holding that it lacked jurisdiction over the action based upon the Rooker-Feldman doctrine. Rooker v. Fid. Trust Co., 263 U.S. 413 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1986). The court noted that "More recently, the Supreme Court instructed that the doctrine applies only to 'cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.' Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005)."

The court held that "The instant case fits squarely within the admittedly narrow confines of the Rooker-Feldman doctrine. McGee was a 'state-court loser' in his divorce proceeding and child custody dispute who is now “complaining of injuries caused by” the allegedly improper state court contempt orders entered by Judge Kell."


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