8.2.2 Anti-Injunction Act

The Anti-Injunction Act bars federal courts from enjoining an already filed state court action except as expressly authorized by Act of Congress, where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.1  The courts are divided over whether the Anti-Injunction Act applies to Fair Housing Act claims.2  Although the Anti-Injunction Act would not apply if the defendant were a “state actor” subject to suit under 42 U.S.C. § 1983, Younger abstention may still bar the federal injunction.3

• 128 U.S.C. § 2283.
• 2Compare Casa Marie, Inc. v. Superior Ct. of P.R., 988 F. 2d 252 (1st Cir. 1993) with Oxford House, Inc. v. City of Albany, 819 F. Supp. 1168 (N.D.N.Y. 1993).
• 3Younger v. Harris, 401 U.S. 37 (1971).