Chapman v. Heath

288 F. Supp. 3d 215
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 24, 2018
DocketCivil Action No. 17–1735 (CKK)
StatusPublished

This text of 288 F. Supp. 3d 215 (Chapman v. Heath) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Heath, 288 F. Supp. 3d 215 (D.C. Cir. 2018).

Opinion

COLLEEN KOLLAR-KOTELLY, United States District Judge

Plaintiff, appearing pro se , is a prisoner at the Federal Correctional Institution in Loretto, Pennsylvania. This case was recently reassigned to the undersigned judge without a resolution of plaintiff's Emergency Motion for Temporary Restraining Order and Conditional Order for Security Release [Dkt. # 6]. For the reasons explained below, the motion will be denied.

I. LEGAL STANDARD

Temporary restraining orders and preliminary injunctions are extraordinary remedies. A temporary restraining order can be granted without written or oral notice to the adverse party only if:

specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage *217will result to the movant before the adverse party can be heard in opposition.

Fed. R. Civ. P. 65(b)(1). "Every order granting an injunction and every restraining order must: (A) state the reasons why it issued; (B) state its terms specifically; and (C) describe in reasonable detail-and not by referring to the complaint or other document-the act or acts restrained or required." Fed. R. Civ. P. 65(d)(1).

Preliminary injunctive relief is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Sherley v. Sebelius , 644 F.3d 388, 392 (D.C. Cir. 2011) (quoting Winter v. Natural Res. Def. Council, Inc. , 555 U.S. 7, 22, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008) ); see also Mazurek v. Armstrong , 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997) ("[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." (emphasis in original; quotation marks omitted) ). The standard for obtaining injunctive relief through either a temporary restraining order or a preliminary injunction is well established. See Hall v. Johnson , 599 F.Supp.2d 1, 3 n.2 (D.D.C. 2009) ("The same standard applies to both temporary restraining orders and to preliminary injunctions." citation omitted) ). The movant "must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest." Aamer v. Obama , 742 F.3d 1023, 1038 (D.C. Cir. 2014) (quoting Sherley , 644 F.3d at 392 ) (quoting Winter , 555 U.S. at 20, 129 S.Ct. 365 ) (alteration in original; quotation marks omitted) ). When seeking such relief, " 'the movant has the burden to show that all four factors, taken together, weigh in favor of the injunction.' " Abdullah v. Obama , 753 F.3d 193, 197 (D.C. Cir. 2014) (quoting Davis v. Pension Benefit Guar. Corp. , 571 F.3d 1288, 1292 (D.C. Cir. 2009) ). "The four factors have typically been evaluated on a 'sliding scale.' " Davis , 571 F.3d at 1291 (citation omitted). Under this sliding-scale framework, "[i]f the movant makes an unusually strong showing on one of the factors, then it does not necessarily have to make as strong a showing on another factor."1 Id. at 1291-92.

Both the United States Supreme Court and the D.C. Circuit have emphasized that a movant must show at least some likelihood of irreparable harm in the absence of an injunction. See Winter , 555 U.S. at 22, 129 S.Ct. 365 (holding that a plaintiff must "demonstrate that irreparable injury is likely in the absence of an injunction," and not a mere "possibility"); CityFed Fin. Corp. v. Off. of Thrift Supervision , 58 F.3d 738, 747 (D.C. Cir. 1995) (holding that a plaintiff must demonstrate " 'at least some injury' for a preliminary injunction to issue ... [because] 'the basis of injunctive relief in federal courts has *218always been irreparable harm ...' ") (quoting Sampson v. Murray , 415 U.S. 61, 88, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974) ).

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Related

Braden v. 30th Judicial Circuit Court of Kentucky
410 U.S. 484 (Supreme Court, 1973)
Sampson v. Murray
415 U.S. 61 (Supreme Court, 1974)
Stokes v. United States Parole Commission
374 F.3d 1235 (D.C. Circuit, 2004)
Davis v. Pension Benefit Guaranty Corp.
571 F.3d 1288 (D.C. Circuit, 2009)
Sherley v. Sebelius
644 F.3d 388 (D.C. Circuit, 2011)
Mazurek v. Armstrong
520 U.S. 968 (Supreme Court, 1997)
Hall v. Johnson
599 F. Supp. 2d 1 (District of Columbia, 2009)
Shaker Aamer v. Barack Obama
742 F.3d 1023 (D.C. Circuit, 2014)
Hani Abdullah v. Barack Obama
753 F.3d 193 (D.C. Circuit, 2014)
Save Jobs USA v. U.S. Department of Homeland Security
105 F. Supp. 3d 108 (District of Columbia, 2015)
Abdullah v. Bush
945 F. Supp. 2d 64 (District of Columbia, 2013)

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Bluebook (online)
288 F. Supp. 3d 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-heath-cadc-2018.