Estate of Brennan v. Church Of Scientology Flag Service Org., Inc.

The estate sued the church for wrongful death, alleging that its members deprived decedent of his psychiatric medication, and that while in a mentally deteriorated state caused by the abrupt denial of his prescription, he shot and killed himself. A state court judge ordered the estate's attorney to withdraw, based on settlement of prior state litigation against the church that allegedly prohibited the attorney from participating in any adversarial proceeding against the church. After a state appeals court affirmed, the attorney moved to void the settlement. The motion was denied. Faced with contempt in state court, the attorney filed an involuntary motion to withdraw. A petition to the state supreme court remains pending. The federal district court denied the motion and ultimately enjoined the trial court from imposing sanctions, pursuant to the All Writs Act, 28 U.S.C. 1651(a). The Eleventh Circuit vacated, holding that, although the court was understandably concerned about the estate's ability to retain counsel, the injunction was not "necessary in aid of its jurisdiction," 28 U.S.C. 2283, and was issued in violation of the Anti-Injunction Act.