What is the test for dismissing a motion to dismiss an action alleging that petitioner has been held in solitary confinement as a pretrial detainee?
MultiRegion, United States of America
The following excerpt is from Scally v. Ferrara, No. 2:15-cv-2589 CKD P (E.D. Cal. 2015):
In sum, 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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