Maxey v. Smith

3 Citing cases

  1. Henderson v. Stadler

    112 F. Supp. 2d 589 (E.D. La. 2000)   Cited 6 times
    Explaining that proceeds from "Choose Life" plates will be distributed to organizations that counsel women to place their children up for adoption

    As a matter of law, federal courts at all levels have recognized repeatedly that constitutional rights violations constitute irreparable harm. Maxey v. Smith, 823 F. Supp. 1321, 1328 (N.D.Miss. 1993) citing Elrod v. Burns, 427 U.S. 347, 373-74, 96 S.Ct. 2673, 2689-90, 49 L.Ed.2d 547 (1976); Deerfield Medical Center v. City of Deerfield Beach, 661 F.2d 328, 338 (5th Cir. 1981). "The loss of First Amendment freedoms for even minimal periods of time, unquestionably constitutes irreparable injury."

  2. U.S. Bank Nat'l Ass'n v. Lakeview Retail Prop. Owner LLC

    CAUSE NO. 1:15CV404-LG-RHW (S.D. Miss. Feb. 16, 2016)   Cited 1 times

    See id. But "without some specific basis to believe that [Defendant] is entitled to remain in possession of" the property, the Court concludes that the extraordinary relief requested is simply unwarranted. See id.; see also Maxey v. Smith, 823 F. Supp. 1321, 1327 (N.D. Miss. 1993) ("A preliminary injunction is a powerful remedy used sparingly in cases with a set of extraordinary circumstances."). Balancing the Injuries and the Public Interest

  3. Netherland v. City of Zachary, Louisiana

    527 F. Supp. 2d 507 (M.D. La. 2007)   Cited 1 times

    To obtain a preliminary injunction, the Fifth Circuit requires a plaintiff to show that the following four factors are met: (1) a substantial likelihood that the plaintiff will prevail on the merits of his case; (2) a substantial threat that the plaintiff will suffer irreparable injury if the injunction is not granted; (3) that the threatened injury to the plaintiff outweighs the threatened harm to the defendants; and (4) that granting the preliminary injunction will not disserve the public interest. Id. at 572; Maxey v. Smith, 823 F.Supp. 1321, 1327-28 (N.D.Miss. 1993). II. Actual Success on the Merits