692
Opinion of the Court
Citing In re Burrus, 136 U. S. 586, 593-594 (1890), for the proposition that "[t]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States," the court concluded that this case fell within what has become known as the "domestic relations" exception to diversity jurisdiction, and that it lacked jurisdiction over the case. The court also invoked the abstention principles announced in Younger v. Harris, 401 U. S. 37 (1971), to justify its decision to dismiss the complaint without prejudice. No. 89- 4244 (ED La., Dec. 10, 1990). The Court of Appeals affirmed in an unpublished opinion. No. 91-3037 (CA5, May 31, 1991), judgt. order reported at 934 F. 2d 1262.
We granted certiorari limited to the following questions: "(1) Is there a domestic relations exception to federal jurisdiction? (2) If so, does it permit a district court to abstain from exercising diversity jurisdiction over a tort action for damages?" 2 and "(3) Did the District Court in this case err in abstaining from exercising jurisdiction under the doctrine
2 The Courts of Appeals have generally diverged in cases involving application of the domestic relations exception to tort suits brought in federal court pursuant to diversity jurisdiction. See, e. g., Bennett v. Bennett, 221 U. S. App. D. C. 90, 682 F. 2d 1039 (1982) (holding that the exception does not bar a claim for damages but that it does bar claims for injunctive relief); Cole v. Cole, 633 F. 2d 1083 (CA4 1980) (holding that the exception does not apply in tort suits stemming from custody and visitation disputes); Drewes v. Ilnicki, 863 F. 2d 469 (CA6 1988) (holding that the exception does not apply to a tort suit for intentional infliction of emotional distress); Lloyd v. Loeffler, 694 F. 2d 489 (CA7 1982) (holding that the exception does not apply to a tort claim for interference with the custody of a child); McIntyre v. McIntyre, 771 F. 2d 1316 (CA9 1985) (holding that the exception does not apply when the case does not involve questions of parental status, interference with pending state domestic relations proceedings, an alteration of a state-court judgment, or the impingement of the state court's supervision of a minor); Ingram v. Hayes, 866 F. 2d 368 (CA11 1988) (holding that the exception applies to divest a federal court of jurisdiction over a tort action for intentional infliction of emotional distress).
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