What is the test for dismissing a motion to dismiss a motion alleging that petitioner is unlawfully detained as a pretrial detainee?
MultiRegion, United States of America
The following excerpt is from Brand v. California, No. 2:16-cv-2475 MCE CKD P (E.D. Cal. 2016):
In sum, insofar as petitioner is challenging the legality of his confinement as a pretrial detainee, the petition is premature, and the court will abstain from the exercise of jurisdiction. Where, as here, the Younger abstention doctrine applies, it is appropriate to dismiss the action. See Gibson v. Berryhill, 411 U.S. 564, 577 (1973).
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