No. 22-478

David M. Greco v. Matthew J. Platkin, Attorney General of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2022-11-21
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment civil-procedure civil-rights constitutional-challenge due-process erpo-act fourth-amendment standing state-court-proceedings younger-abstention
Latest Conference: 2023-01-13
Question Presented (from Petition)

1. Whether the fact that the challenged portions of
New Jersey's ERPO Act are "... flagrantly and
patently violative ..." of the Fourth Amendment to
the United States Constitution bars the Federal
Courts, as a matter of fact and law, from abstaining
under Younger?

2. Whether the District Court and Third Circuit
incorrectly applied this Court's precedents in
Younger and the limited extension of that doctrine
to related civil, quasi-criminal and administrative
cases pending in state court and wrongfully and
inappropriately abstained?

3. Whether the New Jersey Attorney General's "Memo
Fix" is a remedy that violates the rule in United
States v. Stevens, 559 U.S. 460 (2010)?

Question Presented (AI Summary)

Whether the fact that the challenged portions of New Jersey's ERPO Act are flagrantly and patently violative of the Fourth Amendment bars the Federal Courts from abstaining under Younger

Docket Entries

2023-01-17
Petition DENIED.
2022-12-28
DISTRIBUTED for Conference of 1/13/2023.
2022-12-21
Waiver of right of respondents Matthew Platkin, et al. to respond filed.
2022-12-19
Waiver of right of respondents Gloucester Township Police Department, et al. to respond filed.
2022-12-13
Waiver of right of respondents Camden County Prosecutor's Office, et al. to respond filed.
2022-08-10
Petition for a writ of certiorari filed. (Response due December 21, 2022)

Attorneys

Camden County Prosecutor's Office, et al.
Howard L. GoldbergOffice of County Counsel, Respondent
David Greco
Richard G HuizengaLaw Offices of Albert J. Rescinio, LLC, Petitioner
Gloucester Township Police Department, et al.
Daniel DeFiglioArcher & Greiner, P.C., Respondent
Matthew Platkin, et al.
Robert J. McGuireOffice of the New Jersey Attorney General, Respondent