Lewis v. Keuerleber

District Court, M.D. Pennsylvania·Decided June 2, 2025·No. 1:25-cv-00447·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WILLIAM EDGAR LEWIS, et al., : Civ. No. 1:25-CV-447 : Plaintiffs, : : v. : : (Magistrate Judge Carlson) : RICHARD KEUERLEBER, et al., : : Defendants. :

MEMORANDUM OPINION I. Factual Background and Procedural History This pro se case, which was referred to the undersigned on April 24, 2025, comes before us for consideration of a motion for preliminary injunction filed by the plaintiffs. (Docs. 72). The motion arises in the context of what appears to be contentious domestic relations litigation in the Court of Common Pleas of York County since it appears that a protection from abuse order was entered against Mr. Lewis in the York County courts, and these defendants may have obligations to enforce and investigate any alleged violations of that order. This on-going state court litigation inspired the plaintiffs to file a 224 page complaint in federal court on March 11, 2025. (Doc. 1). This complaint names the York County sheriff, several deputies and a number of courthouse agencies as defendants and cites to various federal criminal and civil rights statutes. (Id.) In the past two months the plaintiffs have also filed a spate of wide ranging motions, including a motion which seeks preliminary injunctive relief at the outset of this

litigation. (Doc. 72). In this motion, the plaintiffs seek relief which goes far beyond preserving the status quo. Instead, they seek relief in the form of orders which would reach the ultimate merits of their litigation prior to the filing of any answer by the

defendants. Further, this injunctive relief would necessarily require us to intervene in the on-going state court proceedings which have inspired this federal case. It is against this backdrop that we consider the plaintiffs’ motion for preliminary injunction. The motion is fully briefed by the parties and is now ripe for

resolution. For the reasons set forth below, the motion for preliminary injunction will be denied since the plaintiffs have not made the legal showing necessary for such extraordinary relief.

II. Discussion A. Preliminary Injunctions – The Legal Standard Motions for preliminary injunctions are governed by Federal Rule of Civil Procedure 65 and are judged by exacting legal standards. In order to obtain a

preliminary injunction, the moving party must show (1) a substantial likelihood of success on the merits; (2) irreparable injury to the moving party if relief is not granted; (3) that a balance of equities favors the movant’s request for injunctive

relief; and (4) that a preliminary injunction is in the public interest. Benisek v. Lamone, 138 S. Ct. 1932, 1943-44 (2018) (quoting Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008)). The first two elements are critical,

and are set forth in the conjunctive, as the Court of Appeals for the Third Circuit has held that “[a] failure to show a likelihood of success or a failure to demonstrate irreparable injury must necessarily result in the denial of a preliminary injunction.”

Instant Air Freight, Co. v. C.F. Air Freight, Inc., 882 F.2d 797, 800 (3d Cir. 1989) (quoting In Re Arthur Treacher’s Franchisee Litigation, 689 F.2d 1137, 1143 (3d Cir. 1982) (internal quotations omitted)). In this regard, it is well settled that: The movant must, as a threshold matter, establish the two “most critical” factors: likelihood of success on the merits and irreparable harm. Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir. 2017). Under the first factor, the movant must show that “it can win on the merits.” Id. This showing must be “significantly better than negligible but not necessarily more likely than not.” Id. The second factor carries a slightly enhanced burden: the movant must establish that it is “more likely than not” to suffer irreparable harm absent the requested relief. Id. Only if these “gateway factors” are satisfied may the court consider the third and fourth factors, which aim to balance the equities by examining the potential for harm to others if relief is granted and whether the public interest favors injunctive relief. Id. at 176, 179. The court must then balance all four factors to determine, in its discretion, whether the circumstances warrant injunctive relief. Id. at 179.

Camacho Lopez v. Lowe, 452 F. Supp. 3d 150, 157 (M.D. Pa. 2020) (emphasis added). Further, a preliminary injunction is “never awarded as of right.” Benisek, 138 S. Ct. at 1943. Rather, when considering a motion for a preliminary injunction, we are reminded that “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.” Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (quoting

11A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2948, pp. 129–130 (2d ed. 1995)). As such, the Third Circuit has long observed that “upon an application for a preliminary injunction to doubt is to deny.” Madison Square Garden

Corp. v. Braddock, 90 F.2d 924, 927 (3d Cir. 1937). Moreover: [I]n order to secure a preliminary injunction, “[a]ny irreparable harm must be imminent. Cont'l Grp., Inc. v. Amoco Chems. Corp., 614 F.2d 351, 359 (3d Cir. 1980) (‘The requisite for injunctive relief has been characterized as a clear showing of immediate irreparable injury or a presently existing actual threat.’) (emphasis added) (internal quotations omitted); see also, e.g., StrikeForce Techs., Inc. v. WhiteSky, Inc., No. 13-1895, 2013 WL 2658859, at *5 (D.N.J. June 11, 2013) (declining to issue preliminary injunction where plaintiff failed to make ‘a clear demonstration’ of the imminent threat of disclosure or confidential information). This demands a fact-specific inquiry. See, e.g., Laidlaw, Inc. v. Student Transp. of Am., Inc., 20 F.Supp.2d 727, 766–67 (D.N.J. 1998) (‘[I]rreparable harm is not automatically presumed from a finding that plaintiffs have a likelihood of success on the merits; rather, the court must still make a careful examination of the particular facts.’).” Synthes, Inc. v. Gregoris, 228 F. Supp. 3d 421, 440 (E.D. Pa. 2017).

Burton v. Wetzel, No. 1:16-CV-1953, 2017 WL 4284345, at *6 (M.D. Pa. Sept. 27, 2017). Likewise: [W]here the requested preliminary injunction “is directed not merely at preserving the status quo but ... at providing mandatory relief, the burden on the moving party is particularly heavy.” Punnett v. Carter, 621 F.2d 578, 582 (3d Cir. 1980). Mandatory injunctions should be used sparingly. United States v. Price, 688 F.2d 204, 212 (3d Cir. 1982). . . . Furthermore, it is well-settled that “[t]he purpose of a preliminary injunction is to preserve the status quo, not to decide the issues on their merits.” Anderson v. Davila, 125 F.3d 148, 156 (3d Cir. 1997). Therefore, in a case such as this, where the . . .“plaintiff's request for immediate relief in h[er] motion for preliminary injunction necessarily seeks resolution of one of the ultimate issues presented in [the] ... Complaint, ...

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