1. BACKGROUND
On March 31, 1992, the St. Louis Fire Chief told Horne that his work was excellent and he would not be terminated from the fire department because of his age. That same day, the Board of Trustees of the Firemen’s Retirement System voted—according to a Missouri statute,2 a local ordinance, and their policy of mandatory retirement—to retire Home when he turned sixty years of age in April 1992.
Horne refused to retire at that time, and continues to perform his duties as fire marshal. In May 1992, Home filed administrative charges with the Equal Employment Opportunity Commission and the Missouri Commission on Human Rights. Three days later, the City of St. Louis filed a preemptive action against Horne in state court seeking a declaratory judgment that the decision to retire Horne was “lawful,” that it could proceed to remove him from the payroll without incurring any liability, and that the Missouri statute and ordinance at issue were valid and enforceable.
Anticipating the City’s lawsuit, Horne filed his own lawsuit in federal district court the same day, alleging the decision to retire him because of his age violated the Equal Protection Clause of the Fourteenth Amendment, the Age Discrimination in Employment Act (ADEA),.29 U.S.C. § 621 et. seq., and the Missouri Human Rights Act, Mo.Rev.Stat. § 213.010 et. seq. Home sought declaratory relief, an injunction to keep defendants from removing him from his job, emotional distress damages, and attorney’s fees.
The district court stayed and later dismissed the federal lawsuit pending resolution of the state proceedings, determining it should abstain under Colorado River Water Conserv. Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), and Moses H. Cone Memorial Hospital v. Mercury Const. Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983).3 The court listed the six “exceptional circumstances” factors identified in those eases which may justify dismissing a federal action where state proceedings are pending, and found several of them applicable and determinative in these proceedings.4 Home appeals the dismissal, arguing the absence in fact of any “exceptional circumstances” which would justify the surrender of federal court jurisdiction.
II. DISCUSSION
We first examine whether Horne has standing to pursue an age discrimination claim in federal court given that he is still currently employed as a fire marshal for the fire department. Horne argues the ADEA confers standing to sue upon a “person aggrieved” by age discrimination, see 29 U.S.C. § 626(c)(1), reflecting a congressional intent to expand standing to sue to the maximum extent permissible under Article III of the United States Constitution. He argues that under Article III, a person has standing to sue if “he has suffered some actual or threatened injury.” Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 99, 99 S.Ct. 1601, 60 L.Ed.2d 66 (1979); see also United Food & Commercial Workers Int’l v. IBP, Inc., 857 F.2d 422, 426 (8th Cir.1988). Appellees argue Home lacks standing to sue because the City has never taken any official action to terminate Home’s employment and has given every indication that it will not do so until a court of competent jurisdiction holds that such termination is lawful.
We agree with Home. In City of Los Angeles v. Lyons, 461 U.S. 95, 101-02, 103 S.Ct. 1660, 1665, 75 L.Ed.2d 675 (1983), the Supreme Court stated that to satisfy the threshold “case or controversy” requirement of Article III, “[t]he plaintiff must show that he ‘has sustained or is immediately in danger of sustaining some direct injury’ as the result
2
The Missouri statute, Mo.Rev.Stat. § 87.170(2) (1986), provides for retirement of any fireman upon attaining the age of 60 years as long as he qualifies for a service retirement allowance equal to 70% of his average final compensation.
3
Meanwhile, Home filed a motion to dismiss the proceedings in state court which was granted by the state trial court but reversed on appeal. City of St. Louis v. Milentz, 887 S.W.2d 709 (Mo.App.1994).
4
.These factors were (a) the likelihood of piecemeal litigation, (b) state law could be controlling and (c) the state court can adequately protect Horne’s rights.