8th Circuit Dismisses Tony Alamo Ministry's Challenge To Seizure of Children

In Tony Alamo Christian Ministries v. Selig, (8th Cir., Jan. 11, 2012), the 8th Circuit dismissed on Younger v. Harris abstention grounds a challenge by Tony Alamo Christian Ministries (TACM) to the 2008 removal by state welfare authorities of minor children from the religious group's compound in Arkansas in order to protect them from abuse. (See prior posting.) TACM claimed that its 1st and 4th Amendment rights, and those of its members, were violated by the seizure of the children and the conditions imposed on parents for their return. Various state court proceedings addressing parents' constitutional claims were ongoing when TAMC filed its federal court challenge. The abstention doctrine applies to TACM because its claims stem from injuries alleged by the children's parents.The court rejected TACM's argument that the state's investigation and seizure of the children were carried out in bad faith. In relying on abstention to dismiss the case, the 8th Circuit avoided deciding whether the district court had correctly denied standing to TAMC. Arkansas News Bureau reports on  yesterday's decision.