What federal injunctive relief is needed in a civil case brought by a defendant in a criminal case brought in good faith under a statute of doubtful constitutional validity?

MultiRegion, United States of America

The following excerpt is from Gajon Bar & Grill, Inc. v. Kelly, 508 F.2d 1317 (2nd Cir. 1974):

Federal injunctive relief, in short, is warranted where the injury to the free exercise of constitutional rights is '(greater than) that associated with the defense of a single prosecution brought in good faith . . .' under a statute of doubtful constitutional validity. Younger v. Harris, supra, 401 U.S. at 48, 91 S.Ct. at 752. Such is the case when there are defects in the prosecution, other than the alleged unconstitutionality of the statute, which are sufficiently clear to warrant the inference of bad faith prosecution. The injury is then 'irreparable' because the state court could not reach the merits of federal claim.

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