Henry v. Greenville Airport Comm'n, 284 F.2d 631 (4th Cir. 1960). · Go Syfert
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Henry v. Greenville Airport Comm'n, 284 F.2d 631 (4th Cir. 1960). Cases Citing This Book View Copy Cite
83 citation events (16 in the last 25 years) across 36 distinct courts.
Strongest positive: American Federation of Teachers v. Kanawha County Board of Education (wvsd, 2009-01-08)
Treatment trajectory · 1960 → 2026 · click a year to view as-of
1960 1993 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
cited Cited as authority (rule) American Federation of Teachers v. Kanawha County Board of Education
S.D.W. Va · 2009 · confidence medium
Covino, 967 F.2d at 76 ; see also Campbell, 373 F.3d at 839 ; Henry, 284 F.2d at 633.
cited Cited as authority (rule) Environmental Ass'n v. Department of Planning & Natural Resources, Botany Bay Partnership, LLP
virginislands · 2002 · confidence medium
Action, 558 F.2d 861 , 867 (8th Cir. 1977); Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960).
discussed Cited as authority (rule) Faulkner v. Jones
4th Cir. · 1993 · confidence medium
In support, Faulkner relies primarily on Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir.1960), where we held "[t]he district court has no discretion to deny relief by preliminary injunction to a person who clearly establishes by undisputed evidence that he is being denied a constitutional right." Assuming arguendo that Faulkner established a clear constitutional violation, a matter yet to be litigated and decided, I believe our holding in Henry does not mandate preliminary relief in the present case In Henry, we dealt with the exclusion of blacks from various waiting rooms …
discussed Cited as authority (rule) Faulkner v. Jones
4th Cir. · 1993 · confidence medium
In support, Faulkner relies primarily on Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir.1960), where we held "[t]hc district court has no discretion to deny relief by preliminary injunction to a person who clearly establishes by undisputed evidence that he is being denied a constitutional right.” Assuming arguendo that Faulkner established a clear constitutional violation, a matter yet to be litigated and decided, I believe our holding in Henry does not mandate preliminary relief in the present case.
discussed Cited as authority (rule) Hedge v. Lyng
D. Minnesota · 1987 · confidence medium
E.g., Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960) (court must grant preliminary injunction to person who has clearly established violation of constitutional rights).
discussed Cited as authority (rule) Hendrickson v. Griggs
N.D. Iowa · 1987 · confidence medium
A deprivation of the plaintiffs’ rights not to be placéd in an adult jail or lockup would fulfill the injury requirement, Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir.1960), and without an order, those who become class members would by the nature of their membership in the class suffer this injury.
cited Cited as authority (rule) West Indian Co. v. Government of the Virgin Islands
D.V.I. · 1986 · confidence medium
Action, 558 F.2d 861 , 867 (8th Cir. 1977); Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960).
discussed Cited as authority (rule) Mid-Fla Coin Exchange, Inc. v. Griffin
M.D. Fla. · 1981 · confidence medium
See, e.g., A Quaker Action Group v. Hickel, 421 F.2d 1111, 1116 (D.C.Cir.1969); Keefe v. Geanakos, 418 F.2d 359, 363 (1st Cir. 1969); Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960); Battle v. Municipal Housing Authority for the City of Yonkers, 53 F.R.D. 423, 429 (S.D.N.Y.1971); Lollis v. New York State Department of Social Services, 322 F.Supp. 473, 483 (S.D.N.Y.1970).
discussed Cited as authority (rule) Iranian Muslim Organization v. City of San Antonio (2×)
Tex. · 1981 · signal: cf. · confidence medium
Cf. Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960), holding that a court has no discretion to deny relief by a temporary injunction where a violation of a constitutional right is clearly established.
discussed Cited as authority (rule) Barnstone v. UNIV. OF HOUSTON, KUHT-TV
S.D. Tex. · 1980 · confidence medium
See Planned Parenthood v. Citizens for Community Action, 558 F.2d 861 , 867 (8th Cir. 1977); Keefe v. Geanakos, 418 F.2d 359 (1st Cir. 1969); Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960); and Wright and Miller, supra. The injury is even more apparent where important First Amendment rights are involved.
discussed Cited as authority (rule) Bean v. Southwestern Waste Management Corp.
S.D. Tex. · 1979 · confidence medium
That, in itself, may constitute irreparable injury, Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960); see Ethridge v. Rhodes, 268 F.Supp. 83, 88-89 (S.D.Ohio, E.D.1967), but more is present here.
discussed Cited as authority (rule) Southwestern Newspapers Corp. v. Curtis
Tex. App. · 1979 · signal: cf. · confidence medium
Cf. Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960), holding that a court has no discretion to deny relief by a temporary injunction where a violation of a constitutional right is clearly established.
discussed Cited as authority (rule) Lewis v. Delaware State College
D. Del. · 1978 · confidence medium
Wright & A. Miller, Federal Practice and Procedure § 2948, at p. 440 n. 39; see, e. g., Quaker Action Group v. Hickel, 421 F.2d 1111, 1116 (C.A.D.C.1969); Keefe v. Geanakos, 418 F.2d 359 (C.A.l, 1969); Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (C.A.4, 1960).
cited Cited "see" Valero Terrestrial Corp. v. McCoy
N.D.W. Va. · 1997 · signal: see · confidence high
See Henry v. Greenville Airport Comm’n, 284 F.2d 631 , 633 (4th Cir.1960).
cited Cited "see" Back v. Carter
N.D. Ind. · 1996 · signal: see · confidence high
See Henry v. Greenville Airport Comm’n, 284 F.2d 631 (4th Cir.1960); Harrison & Burrowes Bridge Constructors v. Cuomo, 743 F.Supp. 977, 996 (N.D.N.Y.1990); Milwaukee Cty.
discussed Cited "see" LaBalbo v. Hymes
N.M. Ct. App. · 1993 · signal: see · confidence high
See Henry v. Green-ville Airport Comm’n, 284 F.2d 631 , 633 (4th Cir.1960) (violation of constitutional right established by undisputed evidence deprives trial court of discretion to deny request for injunction); Doe v. Human, 725 F.Supp. 1499, 1502 (W.D.Ark.1989) (court issued preliminary injunction, finding that allegation of deprivation of constitutional right sufficient to establish irreparable harm); 11 Charles A. Wright & Arthur R.
discussed Cited "see" Maine Central Railroad v. Brotherhood of Maintenance of Way Employees
D. Me. · 1986 · signal: accord · confidence high
Accord Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir.1960) (in race discrimination case, court had “no discretion to deny relief by preliminary injunction to a person who clearly establishes by undisputed evidence that he is being denied a constitutional right”).
discussed Cited "see" Maine Cent. R. Co. v. BROTH. OF MAINTENANCE
D. Me. · 1986 · signal: accord · confidence high
Accord Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir.1960) (in race discrimination case, court had "no discretion to deny relief by preliminary injunction to a person who clearly establishes by undisputed evidence that he is being denied a constitutional right").
discussed Cited "see" PUBLIC UTILITY COM'N OF TEX. v. City of Austin
Tex. App. · 1986 · signal: see · confidence high
See Henry v. Greenville Airport Commission, 284 F.2d 631 (4th Cir.1960); Greater Baltimore Board of Realtors v. Hughes, 596 F.Supp. 906 (D.Md.1984); Decker v. U.S. Dept. of Labor, 473 F.Supp. 770 (E.D.Wisc.1979).
cited Cited "see" Coleman v. Block
D.N.D. · 1983 · signal: see · confidence high
See, Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir.1960); Planned Parenthood v. Citizens for Com.
cited Cited "see" Banks v. Perk
N.D. Ohio · 1972 · signal: see · confidence high
See Henry v. Greenville Airport Commission, 284 F.2d 631 (4th Cir. 1960); Clemons v. Board of Education of Hillsboro, Ohio, 228 F.2d 853 (6th Cir. 1956).
discussed Cited "see" Eslinger v. Thomas
D.S.C. · 1971 · signal: see · confidence high
See Henry v. Greenville Airport Commission, 284 F.2d 631 (4th Cir. 1960). *1331 The court does not think that the Senate must demonstrate a high degree of necessity or a compelling interest as justification for its policy, assuming that the Senate’s policy in employing pages does discriminate.
discussed Cited "see" The Washington Free Community, Inc. v. Jerry v. Wilson, Chief of Police, District of Columbia Metropolitan Police
D.C. Cir. · 1969 · signal: see · confidence high
Quantity of Copies of Books v. Kansas, 378 U.S. 205, 224-225 , 84 S.Ct. 1723 , 12 L.Ed.2d 809 (1964) (dissenting opinion of Mr. Justice Harlan) 24 See, e.g., Adderley v. Florida, 385 U.S. 39 , 87 S.Ct. 242 , 17 L.Ed.2d 149 (1966); Cox v. Louisiana, 379 U.S. 559 , 85 S.Ct. 476 , 13 L.Ed.2d 487 (1965) 25 'One is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may be exercised in some other place.' Schneider v. State, 308 U.S. 147, 163 , 60 S.Ct. 146, 151 , 84 L.Ed. 155 (1939); see Murdock v. Pennsylvania, 319 U.S. 105, 117 , 63 S.Ct. 870 ,…
cited Cited "see" Henry v. Greenville Airport Commission
W.D.S.C. · 1961 · signal: see · confidence high
See Henry v. Greenville Airport Commission et al., 4 Cir., 1960, 284 F.2d 631 , which reversed the district court’s order entered October 19,1960.
discussed Cited "see, e.g." Iles v. de Jongh
D.V.I. · 2009 · signal: see, e.g. · confidence medium
Irreparable Injury “When an alleged deprivation of a constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.” Wright, Miller, & Kane, 11A Federal Practice and Procedure § 2948.1 at 161 (1995); see, e.g., Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960) (holding in Fourteenth Amendment public facility segregation case, that notwithstanding failure to show irreparable harm, “District Court has no discretion to deny relief by preliminary injunction to a person who clearly establishes by undisputed evidence that…
discussed Cited "see, e.g." Hamlyn v. ROCK ISLAND CTY. METRO. MASS TRANSIT
C.D. Ill. · 1997 · signal: see, e.g. · confidence low
See, e.g., Henry v. Greenville Airport Comm'n, 284 F.2d 631 , 632 (4th Cir.1960) (irreparable harm found where African-American passengers were being required to stay in a separate waiting room than other passengers); Adams v. Baker, 919 F.Supp. 1496, 1504-05 (D.Kan.1996) (irreparable harm found where female plaintiff could not compete on school wrestling squad and would miss opportunities to "compete, practice and learn the sport of wrestling" causing her to fall behind developmentally); cf. Pollis v. New Sch. for Social Research, 829 F.Supp. 584, 601 (S.D.N.Y. 1993) (no irreparable harm foun…
discussed Cited "see, e.g." Hamlyn v. Rock Island County Metropolitan Mass Transit District
C.D. Ill. · 1997 · signal: see, e.g. · confidence low
See, e.g., Henry v. Greenville Airport Comm’n, 284 F.2d 631 , 632 (4th Cir.1960) (irreparable harm found where African-American passengers were being required to stay in a separate waiting room than other passengers); Adams v. Baker, 919 F.Supp. 1496, 1504-05 (D.Kan.1996) (irreparable harm found where female plaintiff could not compete on school wrestling squad and would miss opportunities to “compete, practice and learn the sport of wrestling” causing her to fall behind developmentally); cf. Pollis v. New Sch. for Social Research, 829 F.Supp. 584, 601 (S.D.N.Y. 1993) (no irreparable har…
cited Cited "see, e.g." Arkansas State Medical Board v. Leipzig
Ark. · 1989 · signal: see, e.g. · confidence low
See, e.g., Goldie’s Bookstore, Inc. v. The Superior Court of the State of California, 739 F.2d 46, 47 (8th Cir. 1984) and Henry v. Greenville Airport Comm’n, 284 F.2d 631 , 633 (4th Cir. 1960).
Retrieving the full opinion text from the archive…
Richard B. Henry
v.
Greenville Airport Commission O. L. Andrews, Manager, Greenville Municipal Airport Olin H. Spann, Chairman, Greenville Airport Commission, and Charles E. Robinson, Jr., Aug. W. Smith, Edward McCrady William B. Coxe, Members of the Greenville Airport Commission
8247.
Court of Appeals for the Fourth Circuit.
Dec 1, 1960.
284 F.2d 631
Cited by 2 opinions  |  Published

284 F.2d 631

Richard B. HENRY, Appellant,
v.
GREENVILLE AIRPORT COMMISSION; O. L. Andrews, Manager, Greenville Municipal Airport; Olin H. Spann, Chairman, Greenville Airport Commission, and Charles E. Robinson, Jr., Aug. W. Smith, Edward McCrady, William B. Coxe, Members of the Greenville Airport Commission, Appellees.

No. 8247.

United States Court of Appeals Fourth Circuit.

Argued November 21, 1960.

Decided December 1, 1960.

Jack Greenberg, New York City (Lincoln C. Jenkins, Jr., Columbia, S. C., and Thurgood Marshall, New York City, on brief), for appellant.

Theodore A. Snyder, Jr., Greenville, S. C. (Thomas A. Wofford, W. H. Arnold, and Love, Thornton & Arnold, Greenville, S. C., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

PER CURIAM.

[*~631]1

This suit was filed in the District Court on January 24, 1959, to secure an interlocutory and a permanent injunction restraining the Greenville Airport Commission, its members, and the manager of the Greenville Airport from making any distinction based upon color in regard to service to the traveling public. The plaintiff is a citizen of the United States and a civil service employee of the United States Air Force at Selfridge Air Force Base, Michigan, who is required to travel in various parts of the country in the performance of his duties. In November 1958, having secured a ticket on a commercial airline for passage from Greenville, South Carolina, to Michigan he seated himself in a waiting room at the airport to await the departure of his plane but was required to move to another waiting room maintained by the Greenville Airport Commission for Negro travelers. He brought this suit on behalf of himself and all other Negroes similarly situated to restrain this practice.

2

On July 20, 1959, the case came on for hearing in the District Court on plaintiff's motion for preliminary injunction and a motion of the defendants to dismiss the complaint and on September 8, 1959, 175 F.Supp. 343, the court denied the plaintiff's motion and granted that of the defendants. On appeal this action of the District Court was reversed by an opinion rendered on April 20, 1960, 279 F.2d 751. We held that the complaint fairly alleges that the Greenville Airport Commission maintains a separate waiting room for Negroes and thereby requires them to be segregated, and that this action was taken by the Commission as an agency of the State created by the General Assembly of South Carolina and is therefore prohibited by the provisions of the Fourteenth Amendment. The cause was remanded for further proceedings including a prompt hearing upon the motion for preliminary injunction if that motion should be renewed.

3

On September 14, 1960, a hearing was had in the District Court on the motion for interlocutory injunction to which answers to interrogatories, affidavits, and testimony of witnesses given in open court were considered. This evidence clearly showed that the Commission maintains separate areas for white and colored passengers at the airport and that colored passengers are not permitted to use the area reserved for the white passengers. This testimony was not denied, although the manager of the airport was present during the hearing. Nevertheless the motion for interlocutory injunction was denied on October 19, 1960, on the ground that the plaintiff has failed to show that he will suffer irreparable damage if the preliminary injunction is denied and on the further ground that the injunction would not maintain the status quo but change it.

4

This action cannot be sustained. The District Court has no discretion to deny relief by preliminary injunction to a person who clearly establishes by undisputed evidence that he is being denied a constitutional right. See Clemons v. Board of Education, 6 Cir., 228 F.2d 853, 857; Board of Supervisors of Louisiana State University, etc. v. Wilson, 340 U.S. 909, 71 S.Ct. 294, 95 L.Ed. 657, affirming D.C., 92 F.Supp. 986; Morgan v. Com. of Virginia, 328 U.S. 373, 66 S. Ct. 1050, 90 L.Ed. 1317. The order of the District Court will therefore be reversed with direction to grant the preliminary injunction prayed for pending the final disposition of the case.

[*~632]5

Reversed and remanded.