68 F.4th 844
3rd Cir.2023Background
- Cheryl Borowski, a long‑time adjunct at Kean University, was removed from teaching after student complaints alleging discriminatory in‑class remarks; Kean investigated and the Chief of Staff issued a final adverse determination (Oct. 2016).
- The Chief of Staff’s letter advised that the affected party could appeal the final determination to the New Jersey Civil Service Commission; Borowski (the respondent to the internal complaint) filed that appeal.
- The Commission referred disputed facts to an ALJ, which held a hearing in June 2018; in Oct./Nov. 2018 the ALJ and then the Commission dismissed Borowski’s appeal for lack of jurisdiction, treating the Commission’s order as a final administrative determination and advising judicial review in state court.
- By New Jersey rule Borowski had 45 days to appeal the Commission’s jurisdictional dismissal to the Appellate Division, but she did not do so within the allotted time.
- Nearly 1.5 years after the Commission’s dismissal, Borowski sued in federal district court under 42 U.S.C. § 1983 and state law (seeking damages and declaratory/injunctive relief) against Kean officials and the Commission director.
- The District Court dismissed with prejudice solely on Younger abstention grounds; the Third Circuit vacated and remanded, holding Younger inapplicable for two independent reasons and noting that dismissal of damages claims is improper under Quackenbush.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Borowski’s appeal to the NJ Civil Service Commission was a "quasi‑criminal" civil enforcement proceeding warranting Younger abstention | Borowski: The Commission appeal was not initiated by the State in its sovereign capacity and thus is not a Younger‑eligible quasi‑criminal enforcement action | Defendants: The Commission appeal should be treated as a civil enforcement proceeding tied to Kean’s internal process and thus eligible for Younger abstention | Court: Appeal was not quasi‑criminal because it was initiated by Borowski (not the State/sovereign), and Kean’s internal actions were not judicial in nature; Younger not available on that basis |
| Whether the relevant state proceeding was "ongoing" for Younger purposes when Borowski filed federal suit | Borowski: The Commission had dismissed for lack of jurisdiction and the time to appeal expired, so no ongoing state proceeding existed | Defendants: The administrative process (including the unappealed decision) remained part of ongoing state proceedings and justified abstention | Court: The Commission’s jurisdictional dismissal ended the judicial proceeding; after the appeal period expired the matter was not ongoing or pending for Younger purposes |
| Whether district court could dismiss damages claims on Younger grounds | Borowski: Even if Younger applied, dismissal of claims seeking monetary relief is improper — at most a stay is warranted | Defendants: Younger justified dismissal of the federal suit | Court: Quackenbush bars dismissal of damages claims on abstention grounds; dismissal with prejudice was improper even if other Younger requirements had been met |
Key Cases Cited
- Younger v. Harris, 401 U.S. 37 (1971) (establishing rule against federal interference with certain ongoing state proceedings)
- Sprint Commc’ns, Inc. v. Jacobs, 571 U.S. 69 (2013) (limits scope of Younger abstention to specified categories)
- Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423 (1982) (Middlesex conditions for abstention in quasi‑criminal civil enforcement cases)
- Quackenbush v. Allstate Ins. Co., 517 U.S. 706 (1996) (damages claims generally require stay, not dismissal, under abstention doctrines)
- New Orleans Pub. Serv., Inc. v. Council of New Orleans, 491 U.S. 350 (1989) (Younger extensions and comity rationale)
- Gonzalez v. Waterfront Comm’n of N.Y. Harbor, 755 F.3d 176 (3d Cir. 2014) (administrative disciplinary proceedings found Younger‑eligible; distinguished on facts)
- TitleMax of Del., Inc. v. Weissmann, 24 F.4th 230 (3d Cir. 2022) (Third Circuit discussion of Younger factors and essentiality of sanctioning/retributive element)
- O’Neill v. City of Philadelphia, 32 F.3d 785 (3d Cir. 1994) (administrative order treated as ongoing for Younger; distinguished and limited by later precedent)