Fitchburg congressional candidate Dean Tran appeals dismissal of lawsuit against Healey
Republican congressional candidate and former Fitchburg state Sen. Dean A. Tran is appealing a federal judge's dismissal of his First Amendment retaliation lawsuit against Attorney General Maura T. Healey.
The attorney general's office is currently prosecuting Tran in Worcester Superior Court on charges of of intimidating an elderly constituent in June 2019. He is accused of coercing her into giving him her late husband’s firearms, making her sign a contract and giving her $1,500 in cash. In early July, Tran, 46, was indicted by a Worcester grand jury on charges including larceny of a firearm and misleading a police investigation.
Tran pleaded not guilty to all charges July 28.
Tran is running against U.S. Rep. Lori A. Trahan, D-Westford, in the general election for the Massachusetts 3rd Congressional District.
On Sept. 13, U.S. District Court for the District of Massachusetts Judge Leo T. Sorokin dismissed Tran's lawsuit against Healey.
Younger vs. Harris
The attorney general filed a motion to dismiss citing the doctrine of Younger abstention. Originally set forth in the 1971 U.S. Supreme Court Case Younger v. Harris, the Younger Doctrine mandates federal courts to refrain from hearing constitutional challenges to state actions when federal action would be regarded as an improper intrusion in state criminal prosecutions brought in good faith.
Abstention by federal court has been found to be particularly appropriate in state criminal prosecutions.
Sorokin ruled that Younger abstention was appropriate in the case of Tran's lawsuit.
On Tuesday, lawyer Michael Walsh, on behalf of Tran, filed a motion to appeal Sorokin's dismissal of Walsh's motions for emergency relief and the dismissal of his case.
In July, Tran's team filed the suit alleging that the interactions at the center of the case took place long ago and have been brought back for political purposes.
Asian American voices
Tran said that Healey was trying to suppress Asian American voices with the charges and has taken past action against candidates of Asian American descent. Tran is Vietnamese American.
Tran is suing Healey on counts of First Amendment retaliation, violation of the equal protection clause in the U.S. Constitution, racially motivated prosecution, violation of due process right to a neutral and disinterested prosecutor, and malicious abuse of process.
The lawsuit alleges that Healey's office sent a press release that led to a series of articles bringing attention to the indictment and that it was disclosed 130 days before the general election.
In early July, Tran was indicted by a Worcester grand jury on charges including larceny of a firearm and misleading a police investigation.
At the time of the indictment, Tran said Healey's office was targeting him based on politics.
Trahan is supporting Healey's run for governor.
This article originally appeared on Telegram & Gazette: Fitchburg candidate Dean Tran appeals dismissed suit against Healey
