Supreme Court of the United States · Official docket →
Feifei Gu v. Michael Sher, New York City Police Officer, et al.
IFP petition · United States Court of Appeals for the Second Circuit, No. 24-2799 · judgment April 2, 2025
Question presented
In Pennzoil Co. v. Texaco Inc., 481 US 1 - Supreme Court 1987, this Court held that, Abstention in a civil setting is proper if “the State's interests in the proceeding are so important that exercise of the federal judicial power would disregard the comity between the States and the National Government.”, (emphasis added) The Question Presented to This Court Today Is: In a 42 U.S.C. § 1983 setting, when a federal court is asked to stay the enforcement of a State Court’s Order in a civil case initiated by private parties, whether a stringent test should be applied to decide whether the State’s interests are negligible or important? In satisfying such a standard, Do the State’s interests need to be legitimate in the first hand to warrant abstention or Do the State’s interests override a person’s constitutional rights?
Counsel of record
For petitioner
Feifei Gu
For respondent
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Proceedings
- Nov 24 2025Application (25A249) denied by the Court.
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Nov 05 2025Application (25A249) referred to the Court.
- Oct 14 2025Petition DENIED.
- Sep 25 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 16 2025Application (25A249) refiled and submitted to The Chief Justice.
- Sep 08 2025Application (25A249) denied by Justice Sotomayor.
- Aug 26 2025Application (25A249) for injunctive relief, submitted to Justice Sotomayor.
- Aug 06 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2025)
- Jun 23 2025Application (24A1262) granted by Justice Sotomayor extending the time to file until August 30, 2025.
- Jun 17 2025Application (24A1262) to extend the time to file a petition for a writ of certiorari from July 1, 2025 to August 30, 2025, submitted to Justice Sotomayor.