Jayaraj v. Scappini

66 F.3d 36, 1995 WL 545887
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 14, 1995
DocketNo. 1885, Docket 95-7195
StatusPublished
Cited by56 cases

This text of 66 F.3d 36 (Jayaraj v. Scappini) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jayaraj v. Scappini, 66 F.3d 36, 1995 WL 545887 (2d Cir. 1995).

Opinion

PARKER, Circuit Judge:

Edmund Jayaraj, Director of Personnel for the City of Waterbury, Connecticut (“City”), brought suit under 42 U.S.C. §§ 1981 and 1983 challenging the City’s failure to renew his employment contract for an additional term. Jayaraj sought a preliminary injunction which would allow him to continue in his position pending adjudication of the merits of his claims. The United States District Court for the District of Connecticut (Dorsey, J.) granted the preliminary injunction, and the City appeals.

On appeal, the City challenges the district court’s finding that Jayaraj would suffer irreparable harm if an injunction were not [38]*38issued. We agree with the City and conclude that the plaintiff failed to establish irreparable harm and, consequently, that the district court erred in granting the preliminary injunction. Furthermore, because one aspect of Jayaraj’s federal claims, that the City’s failure to renew his contract violated his rights under the Due Process clause of the Fourteenth Amendment, depends upon an interpretation of Connecticut state law, we hold that abstention under Railroad Comm’n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941) is warranted. Accordingly, we vacate the preliminary injunction and remand to the district court with directions to certify this question of state law to the Connecticut Supreme Court, and to stay further proceedings pending a response to the certified question.

Background

Jayaraj was first hired as Director of Personnel for the City under a three-year contract in February 1983. He was responsible for implementing a merit-based hiring system and conducting examinations to rank the qualifications of prospective employees. His contract was subsequently renewed by the Waterbury Civil Service Commission in 1986, 1989, and 1992. The most recent three-year term was due to expire in February 1995.

Under the terms of the employment contract, the Civil Service Commission “shall notify the Director in writing whether or not the Contract will be renewed for an additional three year period.” Accordingly, the Civil Service Commission notified Jayaraj that it would consider whether to renew his contract for an additional three-year term at a meeting scheduled for November 1, 1994. Jaya-raj attended that meeting, responded to questions from the Commissioners regarding his performance, and witnessed the Commissioners’ vote not to renew his contract. Following the meeting, Jayaraj demanded a new hearing and opportunity to present a defense of his employment performance. This request was denied by the Civil Service Commission on January 17, 1995.

On January 18, 1995, Jayaraj brought suit in district court under 42 U.S.C. §§ 1981 and 1983. Principally, Jayaraj alleged that the Commission terminated him in retaliation for his outspoken opposition to patronage hiring by the City, in violation of the First Amendment, and, further, that the November 1st meeting did not afford him due process, in violation of the Fourteenth Amendment. Jayaraj seeks equitable and injunctive relief as well as compensatory and punitive damages.

The district court conducted a hearing on the preliminary injunction on February 6, 1995, and issued a written opinion, granting the injunction, on February 9, 1995. With regard to the First Amendment claim, the court held that an injunction was not warranted as Jayaraj had failed to demonstrate irreparable harm and because Jayaraj would have an adequate remedy at law for any violation which may have occurred. The court rejected Jayaraj’s argument that he had a right to a pretermination hearing in order to vindicate his First Amendment rights.

As to Jayaraj’s due process claim, however, the district court found that Jayaraj would suffer irreparable injury based on a variety of asserted potential harms which would result from his non-employment by the City pending disposition of his case.

Discussion

I. Preliminary Injunction

The issuance of a preliminary injunction rests within the sound discretion of the district court and will be disturbed only where there has been an abuse of that discretion or a clear mistake of law. Triebwasser & Katz v. American Tel. & Tel. Co., 535 F.2d 1356, 1358 (2d Cir.1976). To obtain a preliminary injunction, the moving party has the burden of showing 1) irreparable harm and 2) either (a) likelihood of success on the merits or (b) sufficiently serious questions going to the merits to make them fair grounds for litigation and a balance of hardships tilting decidedly towards the plaintiff. Loveridge v. Pendleton Woolen Mills, Inc., 788 F.2d 914, 916 (2d Cir.1986). Because we hold that Jayaraj failed to establish that he would suffer irreparable harm in the absence of an injunction, there is no need to reach the [39]*39second portion of the preliminary injunction analysis.

Perhaps the single most important prerequisite for the issuance of a preliminary injunction is a demonstration that if it is not granted the applicant is likely to suffer irreparable harm before a decision on the merits can be rendered.

Citibank N.A. v. Citytrust, 756 F.2d 273, 275 (2d Cir.1985) (internal quotations omitted). Irreparable harm “means injury for which a monetary award cannot be adequate compensation.” Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70, 72 (2d Cir.1979).

[I]t seems clear that the temporary loss of income, ultimately to be recovered, does not usually constitute irreparable injury....
The key word in this consideration is irreparable. Mere injuries, however substantial, in terms of money, time and energy necessarily expended in the absence of a stay, are not enough. The possibility that adequate compensatory or other corrective relief will be available at a later date, in the ordinary course of litigation, weighs heavily against a claim of irreparable harm.

Sampson v. Murray, 415 U.S. 61, 90, 94 S.Ct. 937, 953, 39 L.Ed.2d 166 (1974) (emphasis in original) (internal quotation and footnote omitted). Therefore, where monetary damages may provide adequate compensation, a preliminary injunction should not issue. See Loveridge, 788 F.2d at 918. Furthermore, the harm must be imminent or certain, not merely speculative. Tom Doherty Assoc., Inc. v. Saban Entertainment, Inc.,

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66 F.3d 36, 1995 WL 545887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jayaraj-v-scappini-ca2-1995.