Frances Ballard Betty Stimpson v. Hugh Stanton, Jr., 833 F.2d 593 (6th Cir. 1987). · Go Syfert
Frances Ballard Betty Stimpson v. Hugh Stanton, Jr., 833 F.2d 593 (6th Cir. 1987). Cases Citing This Book View Copy Cite
28 citation events (23 in the last 25 years) across 8 distinct courts.
Strongest positive: Hannon 313200 v. Skipper (miwd, 2022-02-10)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Hannon 313200 v. Skipper
W.D. Mich. · 2022 · confidence medium
Newsom v. Norris, 888 F.2d 371, 381 (6th Cir. 1989) (citing McGowan v. Maryland, 366 U.S. 420, 429 (1961); United States v. Raines, 362 U.S. 17 , 21 (1961); Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987)).
discussed Cited as authority (rule) Sanders v. Genesee County
E.D. Mich. · 2021 · confidence medium
The Sixth Circuit has emphasized that “[w]here there exists the possibility of raising and correcting constitutional claims in state courts, the principles of federalism and comity expressed in Younger require that a criminal defendant must first exhaust his state appellate remedies before seeking relief in the District Court.” Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987) (quoting Huffman v. Pursue, Ltd., 420 U.S. 592, 608 (1975)).
discussed Cited as authority (rule) Hall v. State of Tennessee
W.D. Tenn. · 2021 · confidence medium
See, e.g., Younger v. Harris, 401 U.S. 37, 46 (1971) (deciding not to enjoin pending state prosecution); Fenner v. Boykin, 271 U.S. 240, 243 (1926); Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987); Zalman v. Armstrong, 802 F.2d 199, 201 (6th Cir. 1986).
cited Cited as authority (rule) Chapman v. Wardlow
W.D. Tenn. · 2021 · confidence medium
SeeYounger v. Harris, 401 U.S. 37, 46 (1971); Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987).
discussed Cited as authority (rule) Tolliver v. State of Tennessee
W.D. Tenn. · 2021 · confidence medium
See, e.g., Younger v. Harris, 401 U.S. 37, 46 (1971) (deciding not to enjoin pending state prosecution); Fenner v. Boykin, 271 U.S. 240, 243 (1926); Foster v. Kassulke, 898 F.3d 1144 , 1146–47 (6th Cir. 1990); Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987); Zalman v. Armstrong, 802 F.2d 199, 201 (6th Cir. 1986).
cited Cited as authority (rule) Newson v. State of Tennessee
W.D. Tenn. · 2020 · confidence medium
See Younger v. Harris, 401 U.S. 37, 46 (1971); Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987).
discussed Cited as authority (rule) Edwards Bey v. Boedecker
E.D. Mich. · 2020 · confidence medium
Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987) (concluding that abstention was appropriate where federal plaintiff had opportunity to raise and correct her constitutional claims during the course of the state court proceedings).
discussed Cited as authority (rule) Spencer v. Donohue
E.D. Mich. · 2019 · confidence medium
Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987) (“The actions alleged to constitute evidence of bad faith on the part of the defendants in the instant appeal can all properly be challenged, either by motion to the trial court, or later on appeal to the state appellate courts.
discussed Cited as authority (rule) Spencer v. Donohue
E.D. Mich. · 2019 · confidence medium
And, where the alleged actions of bad faith can be challenged in the trial court or the state appellate courts, the plaintiff has an adequate opportunity to have his “constitutional 11 defenses heard and determined during the course of the state proceedings.” Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987).
discussed Cited as authority (rule) Harvey v. Congressional Majority Leaders
N.D. Tex. · 2019 · confidence medium
“Absent custody by the authority against whom relief is sought, jurisdiction usually will not lie to grant the requested writ.” See Prieto v. Gluch, 913 F.2d 1159 , 1162–63 (6th Cir. 1990) (quoting Campillo v. Sullivan, 833 F.2d 593, 595 (8th Cir. 1988)).
cited Cited as authority (rule) Tindall v. Wayne County Friend of the Court ex rel. Schewe
6th Cir. · 2001 · confidence medium
Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir.1987) (emphasis added) (internal citations and quotation marks omitted).
discussed Cited as authority (rule) Michael E. Tindall v. Wayne County Friend of the Court, By: Joseph A. Schewe, Director of Legal Services Alan E. Skrok, Staff Attorney Assistant Friend of Court Wayne County Sheriff's Department, By: Robert Ficano, Sheriff Wayne County Circuit Court, Family Division, By: Kirsten Frank Kelly, Presiding Judge Michael F. Sapala, Chief Judge, Michael E. Tindall, Plaintiff-Appellant/cross-Appellee v. Wayne County Friend of the Court, By: Joseph A. Schewe, Director of Legal Services Wayne County Sheriff's Department, By: Robert Ficano, Sheriff Alan E. Skrok, Staff Attorney Assistant Friend of Court
6th Cir. · 2001 · confidence medium
Where there exists the possibility of raising and correcting constitutional claims in state courts, the principles of federalism and comity expressed in Younger require that a criminal defendant must first exhaust his state appellate remedies before seeking relief in the District Court. 17 Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987) (emphasis added) (internal citations and quotation marks omitted).
discussed Cited as authority (rule) Ronald Newsom Hasan Sharif Eddie J. McMillan and Donald Wolverton v. Steve Norris, Commissioner Michael Dutton, Warden and David Hindman (2×)
6th Cir. · 1989 · confidence medium
See generally McGowan v. Maryland, 366 U.S. 420, 429 , 81 S.Ct. 1101, 1107 , 6 L.Ed.2d 393 (1961); United States v. Raines, 362 U.S. 17 , 21, 80 S.Ct. 519 , 522-23, 4 L.Ed.2d 524 (1961); Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir.1987).
discussed Cited "see" William Frank Perron v. The City of Manhattan, New York
C.D. Cal. · 2024 · signal: see · confidence high
See Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987) (plaintiff lacked standing to seek an emergency stay of a state criminal trial of another person).
cited Cited "see" Stewart v. City of Rogersville, Tenn.
6th Cir. · 1989 · signal: see · confidence high
See Ballard v. Stanton, 833 F.2d 593 (6th Cir.1987). 5 In this case, however, we have no pending state criminal proceeding.
discussed Cited "see, e.g." Clifford James Frost, Jr. v. Dana Nessel
6th Cir. · 2025 · signal: see also · confidence medium
See Gonnella, 115 F. App’x at 772 (rejecting a bad faith exception argument “[b]ecause the alleged threat to [the defendant’s] federal rights is one that can be eliminated by his defense against the criminal prosecution”); see also Ballard v. Stanton, 833 F.2d 593, 594 (6th Cir. 1987) (“Where there exists the possibility of raising and correcting constitutional claims in state courts, the principles of federalism and comity expressed in Younger require that a criminal defendant must first ‘exhaust - 15 - No. 24-1132, Frost v. Nessel his state appellate remedies before seeking relie…
Retrieving the full opinion text from the archive…
Frances BALLARD; Betty Stimpson, Plaintiffs-Appellants,
v.
Hugh STANTON, Jr., Et Al., Defendants-Appellees
87-6180.
Court of Appeals for the Sixth Circuit.
Nov 5, 1987.
833 F.2d 593
1987 U.S. App. LEXIS 17708
Lillian E. Dykes, Memphis, Tenn., for plaintiffs-appellants., Don Strother, Thomas Henderson, Shelby County Dist. Atty., James V. Ball, Memphis, Tenn., for defendants-appellees.
Engel, Krupansky, Ryan.
Cited by 26 opinions  |  Published
Pinpoint authority: bottom 55%
KRUPANSKY, Circuit Judge.

Plaintiffs-appellants, Frances Ballard (Ballard) and Betty Stimpston (Stimpson) (collectively “plaintiffs”), have appealed from the District Court’s dismissal of their complaint seeking a temporary restraining order and both preliminary and permanent injunctive relief enjoining their state criminal prosecutions on charges that they had sexually abused youngsters attending the Georgian Hills Early Childhood Education Center. The District Court, in an order dated October 26, 1987, denied the motion for a temporary restraining order, and dismissed the complaint in its entirety. Plaintiffs immediately appealed the dismissal of their complaint to this court, and simulta[*594] neously moved this court to stay Ballard’s criminal trial, which had commenced on October 26, 1987. Due to the emergency nature of this matter, plaintiffs initially presented their request to Judge Wellford as a single judge motion. Judge Wellford denied the motion and the matter was referred to this three judge panel for consideration. The only issue presently before this panel is plaintiffs emergency motion to stay Ballard’s state criminal trial.

Initially, this court notes that Stimpson lacks standing to pursue the issue presently before this panel, i.e., the motion for an emergency stay of Ballard’s state court criminal trial. Linda R.S. v. Richard D., 410 U.S. 614, 617-18, 93 S.Ct. 1146, 1149, 35 L.Ed.2d 536 (1973) (“[AJppellant has failed to allege a sufficient nexus between her injury and the government action which she attacks to justify judicial inter-vention_ ‘The party who invokes [judicial] power must be able to show ... that he has sustained or is immediately in danger of sustaining some direct injury as the result of [a statute’s] enforcement.’ ” (quoting Massachusetts v. Mellon, 262 U.S. 447, 488, 43 S.Ct. 597, 601, 67 L.Ed.2d 1078 (1923)) (emphasis added); cf. Younger v. Harris, 401 U.S. 37, 41-42, 91 S.Ct. 746, 749, 27 L.Ed.2d 669 (1971). This panel does not address the question of Stimpson’s ability to challenge on appeal the District Court’s dismissal of the complaint requesting an injunction against criminal proceedings in which she is a defendant.

In determining whether a federal court should enjoin a pending state criminal prosecution, this court must determine whether Ballard has “an adequate opportunity ... to raise the constitutional claims in the state proceeding; and ... whether there are extraordinary circumstances which nevertheless warrant federal federal intervention.” Zalman v. Armstrong, 802 F.2d 199, 202 (6th Cir.1986). These factors must be applied so as to protect against undue interference by federal courts in the conduct of state judicial proceedings. Id. at 202, 204; accord Younger v. Harris, 401 U.S. 37, 43, 91 S.Ct. 746, 750, 27 L.Ed.2d 669 (1971).

In her petition, Ballard has argued that there are extraordinary circumstances which warrant this court to grant an emergency stay of the state criminal proceedings, alleging that this criminal action was brought in bad faith on the part of the defendants, in an attempt to harass plaintiffs. See, e.g., Mitchum v. Foster, 407 U.S. 225, 230, 92 S.Ct. 2151, 2156, 32 L.Ed.2d 705 (1972); Younger v. Harris, 401 U.S. 37, 49, 91 S.Ct. 746, 753, 27 L.Ed.2d 669; Zalman, 802 F.2d at 201, 205. The actions alleged to constitute evidence of bad faith on the part of the defendants in the instant appeal can all properly be challenged, either by motion to the trial court, or later on appeal to the state appellate courts. As such, Ballard “plainly ha[s] an adequate opportunity to have [her] constitutional defenses heard and determined during the course of the state court proceedings.” Zalman, 802 F.2d at 205. Where there exists the possibility of raising and correcting constitutional claims in state courts, the principles of federalism and comity expressed in Younger require that a criminal defendant must first “exhaust his state appellate remedies before seeking relief in the District Court.” Huffman v. Pursue, Ltd., 420 U.S. 592, 608, 95 S.Ct. 1200, 1210, 43 L.Ed.2d 482 (1975), quoted with approval in Wooley v. Maynard, 430 U.S. 705, 710, 97 S.Ct. 1428, 1433, 51 L.Ed.2d 752 (1977), and Zalman, 802 F.2d at 205 n. 7.

The Supreme Court has repeatedly indicated that before a federal court will enjoin an on-going state criminal proceeding, a criminal defendant must first demonstrate that “great and immediate” irreparable harm would occur absent federal intervention. Younger, 401 U.S. at 46, 91 S.Ct. at 751 (“[I]n view of the fundamental policy against federal interference with state criminal prosecutions, even irreparable injury is insufficient unless it is ‘both great and immediate.’”) (emphasis added); accord Ohio Civil Rights Comm’n v. Dayton Christian Schools, 477 U.S. 619, —, 106 S.Ct. 2718, 2723, 91 L.Ed.2d 512 (1986) (“[A] federal court should not enjoin a pending state criminal proceeding except in the very unusual situation that an injunc[*595] tion is necessary to prevent great and immediate irreparable injury.”) (emphasis added). In the instant case, Ballard will have an adequate opportunity to challenge and correct any constitutional violations in the first instance before state courts; plaintiff therefore fails to demonstrate that any “great and immediate irreparable injury” will occur if this court denies the request for an emergency stay of proceedings.

Accordingly, the motion for an emergency stay of the state court criminal proceedings against Ballard is hereby denied.