Dacha v. Landry

Civil Action No. 3:25CV516 (RCY) (E.D. Va. July 18, 2025) · United States District Court for the Eastern District of Virginia · July 18, 2025 · No. 3:25CV516 (RCY)

Summary

This memorandum opinion from the U.S. District Court for the Eastern District of Virginia addresses a pro se § 1983 lawsuit alleging due process and Fourth Amendment violations during state juvenile and domestic relations court proceedings. The court evaluates the plaintiffs' emergency motion for a temporary restraining order but first determines whether the Younger abstention doctrine applies. Finding that the underlying state proceedings implicate important state interests such as family law and contempt enforcement, and that no exceptions to abstention are present, the court declines to intervene. Accordingly, the court denies the motion for a TRO and dismisses the action without prejudice.

Court
United States District Court for the Eastern District of Virginia
Writing for the Court
Roderick C. Young
Jurisdiction
United States District Court for the Eastern District of Virginia
Decision date
July 18, 2025
Docket number
3:25CV516 (RCY)
Procedural posture
Plaintiffs brought a pro se 42 U.S.C. § 1983 action for damages alleging due process and Fourth Amendment violations arising from state juvenile and domestic-relations court proceedings. Plaintiffs moved for a temporary restraining order seeking to prevent compelled in-person appearances, compel discovery, ensure due process, change venue, and obtain related relief.
Standard of review
A temporary restraining order is an extraordinary remedy requiring a clear showing of entitlement. The movant must establish the four preliminary-injunction factors: likelihood of irreparable harm, balance of harms, likelihood of success on the merits, and the public interest. The court also applied the Younger abstention framework and reviewed whether the state proceedings were ongoing, implicated important state interests, provided an adequate opportunity to raise constitutional challenges, and fit within a Younger exception.
Precedential value
unpublished district court memorandum opinion
Parties
Phoebe Dacha, Mary A. Ongenge-Okwiri v. David Scott Landry, Paris Nicola Veillard, Gary Christopher White, Lakeisha Travonne White, Kim Gretes, unknown and known defendants
Disposition
dismissed

Topics

injunctionscivil procedurefederalismdue processsection 1983

Practice areas

civil procedureconstitutional lawcivil rightsfamily lawfederalism

Questions Presented

  1. Whether Younger abstention required the federal court to abstain from hearing plaintiffs' § 1983 action and deny their requested injunctive relief.
  2. Whether plaintiffs established entitlement to a temporary restraining order.
  3. Whether any exception to Younger abstention, including bad faith, harassment, flagrantly unconstitutional state law, or other extraordinary circumstances, applied.

Holdings

  1. Younger abstention applied because the plaintiffs sought federal intervention in ongoing state proceedings that qualified as criminal proceedings, implicated important state interests, and afforded an adequate opportunity to raise constitutional claims.
  2. No Younger exception applied because plaintiffs did not adequately demonstrate bad faith or harassment, did not identify a flagrantly and patently unconstitutional statute, and had an adequate state forum for litigating their federal claims.
  3. Plaintiffs were not entitled to a temporary restraining order because the court abstained from hearing the action and therefore did not reach the merits of the requested relief.

Key quotations

Younger abstention doctrine “rests on the fundamental precepts of equity and comity” (at 5)
As such, the Court finds that no exception to the Younger abstention doctrine applies in the present case, and so abstention is appropriate here. (at 10)
Finding it appropriate to abstain from hearing the case in its entirety under the Younger doctrine, the Court does not reach the merits of the Temporary Restraining Order and will deny it accordingly. (at 10)

Factual background

The underlying state proceedings arose from an allegation that Mary A. Ongenge-Okwiri assaulted her grandson, Phoebe Dacha's son, in Chesterfield County. During a June 24, 2025 J&DR court hearing, Judge David Scott Landry found Dacha and Ongenge-Okwiri in contempt and ordered court officers to remove them; Dacha was detained for ten days and Ongenge-Okwiri for several hours. Dacha appealed her contempt conviction to the Virginia Court of Appeals, and plaintiffs sought federal intervention in the scheduling and conduct of the ongoing state proceedings.

Procedural history

Plaintiffs filed the original complaint on July 7, 2025, and an amended complaint as of right on July 10, 2025. They filed the motion for a temporary restraining order on July 14, 2025, before returning proof of service for any defendant. The district court abstained under Younger, denied the TRO, and dismissed the action without prejudice.

Court Document

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