At page 633 Establishing irreparable injury for preliminary injunction21 citing cases“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.”
- Am. Fed'n of Teachers v. Kanawha Cnty. Bd. of Educ., 592 F. Supp. 2d 883 (S.D. W. Va. 2009).publishedCovino, 967 F.2d at 76 ; see also Campbell, 373 F.3d at 839 ; Henry, 284 F.2d at 633.
- Env't Ass'n v. Dep't of Plan. & Nat. Resources, 44 V.I. 218 (2002).publishedAction, 558 F.2d 861 , 867 (8th Cir. 1977); Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960).
- Faulkner v. Jones, 10 F.3d 226 (4th Cir. 1993).published 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 estab…
- Hedge v. L.Y.N.G., 689 F. Supp. 884 (D. Minn. 1987).published(court must grant preliminary injunction to person who has clearly established violation of constitutional rights)
- Hendrickson v. Griggs, 672 F. Supp. 1126 (N.D. Iowa 1987).publishedA 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 clas…
- West Indian Co. v. Gov't of the Virgin Islands, 643 F. Supp. 869 (D.V.I. 1986).publishedAction, 558 F.2d 861 , 867 (8th Cir. 1977); Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960).
- Mid-Fla Coin Exch., Inc. v. Griffin, 529 F. Supp. 1006 (M.D. Fla. 1981).publishedSee, 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 Au…
- Iranian Muslim Org. v. City of San Antonio, 615 S.W.2d 202 (Tex. 1981).published 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.
- Barnstone v. Univ. Of Houston, Kuht-tv, 487 F. Supp. 1347 (S.D. Tex. 1980).publishedSee 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,…
- Bean v. Sw. Waste Mgmt. Corp., 482 F. Supp. 673 (S.D. Tex. 1979).publishedThat, 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.
Show 9 more citing cases
- Sw. Newspapers Corp. v. Curtis, 584 S.W.2d 362 (Tex. Civ. App.—Amarillo 1979).publishedCf. 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.
- Lewis v. Delaware State Coll., 455 F. Supp. 239 (D. Del. 1978).publishedWright & 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 Commissio…
- Maine Cent. R.R. v. Bhd. of Maint. of Way Employees, 646 F. Supp. 367 (D. Me. 1986).published (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)
- Coleman v. Block, 562 F. Supp. 1353 (D.N.D. 1983).publishedSee, Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir.1960); Planned Parenthood v. Citizens for Com.
- Iles v. de Jongh, 53 V.I. 723 (D.V.I. 2009).published(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…)
- James Campbell v. Frank Miller, 373 F.3d 834 (7th Cir. 2004).published
- Smith v. Montgomery Cnty., 547 F. Supp. 592 (D. Md. 1982).published
- Hanky v. City of Richmond, 532 F. Supp. 1298 (E.D. Va. 1982).published
- Willowbrook Apt. Assocs., Inc. v. Mayor & City Council of Baltimore, No. 1:20-cv-01818 (D. Md. July 6, 2020).
Other citing cases
- Valero Terrestrial Corp. v. McCoy, 36 F. Supp. 2d 724 (N.D. W. Va. 1997).published
- Back v. Carter, 933 F. Supp. 738 (N.D. Ind. 1996).published
- LaBalbo v. Hymes, 850 P.2d 1017 (N.M. Ct. App. 1993).published
- Pub. Util. Com'n of Tex. v. City of Austin, 710 S.W.2d 658 (Tex. App.—Austin 1986).published
- Banks v. Perk, 341 F. Supp. 1175 (N.D. Ohio 1972).published
- Eslinger v. Thomas, 324 F. Supp. 1329 (D.S.C. 1971).published
- The Washington Free Cmty., Inc. v. Jerry v. Wilson, Chief of Police, Dist. of Columbia Metro. Police, 426 F.2d 1213 (D.C. Cir. 1969).published
- Henry v. Greenville Airport Comm'n, 191 F. Supp. 146 (W.D.S.C. 1961).published
- Hamlyn v. Rock Island Cnty. Metro. Mass Transit Dist., 964 F. Supp. 272 (C.D. Ill. 1997).published
- Arkansas State Med. Bd. v. Leipzig, 770 S.W.2d 661 (Ark. 1989).published
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
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.
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.
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.
[*633] 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.
Reversed and remanded.