Ankenbrandt v. Richards, 504 U.S. 689, 3 (1992)

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Cite as: 504 U. S. 689 (1992)

Opinion of the Court

Paul Weidenfeld argued the cause for respondents. With him on the brief was Samuel S. Dalton.*

Justice White delivered the opinion of the Court.

This case presents the issue whether the federal courts have jurisdiction or should abstain in a case involving alleged torts committed by the former husband of petitioner and his female companion against petitioner's children, when the sole basis for federal jurisdiction is the diversity-of-citizenship provision of 28 U. S. C. § 1332.

I

Petitioner Carol Ankenbrandt, a citizen of Missouri, brought this lawsuit on September 26, 1989, on behalf of her daughters L. R. and S. R. against respondents Jon A. Richards and Debra Kesler, citizens of Louisiana, in the United States District Court for the Eastern District of Louisiana. Alleging federal jurisdiction based on the diversity-of-citizenship provision of § 1332, Ankenbrandt's complaint sought monetary damages for alleged sexual and physical abuse of the children committed by Richards and Kesler. Richards is the divorced father of the children and Kesler his female companion.1 On December 10, 1990, the District Court granted respondents' motion to dismiss this lawsuit.

*Marcia Robinson Lowry, Steven R. Shapiro, and John A. Powell filed a brief for the American Civil Liberties Union as amicus curiae urging reversal.

1 Ankenbrandt represents that in the month prior to the filing of this federal-court action, on August 9, 1989, a juvenile court in Jefferson Parish, Louisiana, entered a judgment under the State's child protection laws, La. Rev. Stat. Ann. § 13:1600 et seq. (West 1983), repealed, 1991 La. Acts, No. 235, § 17, eff. Jan. 1, 1992, and superseded by Louisiana Children's Code, Title X, Art. 1001 et seq. (1991), permanently terminating all of Richards' parental rights because of the alleged abuse and permanently enjoining him from any contact with the children. Neither the District Court nor the Court of Appeals found it necessary to pass on the accuracy of this representation in resolving the issues presented; nor do we.

691

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