Potts v. Dowd, 8445.
| Decision Date | 10 March 1944 |
| Docket Number | No. 8445.,8445. |
| Citation | 141 F.2d 12 |
| Parties | POTTS v. DOWD, Warden. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Frank E. Potts, of Michigan City, Ind., in pro. per.
James E. Emmert, Atty. Gen., of Indiana, and Alfred F. Dowd, for respondent.
Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.
Appellant sought, in the District Court, a mandatory injunction against appellee, the Warden of the penitentiary where he is confined as a prisoner of the state of Indiana, compelling appellee to permit him to receive certain letters and literature and to mail from the prison certain communications. Upon motion, the complaint was dismissed for want of equity.
The situation is not to be distinguished from that presented in Kelly v. Dowd, Warden, 7 Cir., 140 F.2d 81. We there asserted that the extraordinary remedy of injunction should be employed to interfere with the autonomy of the state as reflected by the action of the commonwealth itself or by that of the depositories of its delegated powers only under extraordinary circumstances; that a proper and decent sense of comity demands that petitioner present his application to the state court in the first instance rather than resort to a plea to the federal court to intervene in or review the administration of statutory duties of state authorities. Thus in Rogers v. Peck, 199 U.S. 425, 26 S.Ct. 87, 89, 50 L.Ed. 256, where petitioner complained of her solitary confinement as being without due process of law, the court said:
The judgment is affirmed.
To continue reading
Request your trial
-
United States v. Sullivan
...sense of propriety. Kelly v. Dowd, Warden, 7 Cir., 140 F.2d 81; Rogers v. Peck, 199 U.S. 425, 26 S.Ct. 87, 50 L.Ed. 256; Potts v. Dowd, Warden, 7 Cir., 141 F.2d 12. "We live in the jurisdiction of two sovereignties, each having its own system of courts to declare and enforce its laws in com......
-
United States v. Lindsley
...see no necessity for further comment. Pertinent and of the same character are Kelly v. Dowd, 7 Cir., 1944, 140 F.2d 81, and Potts v. Dowd, 7 Cir., 1944, 141 F.2d 12. These late authorities only confirm the conclusion reached in Doss v. Lindsley, Accordingly it is ordered that the petition b......