Emilien Levesque v. State of Maine, 587 F.2d 78 (1st Cir. 1978). · Go Syfert
Emilien Levesque v. State of Maine, 587 F.2d 78 (1st Cir. 1978). Cases Citing This Book View Copy Cite
G Cite
39 citation events (10 in the last 25 years) across 13 distinct courts.
Strongest positive: Cunningham v. Lyft, Inc. (mad, 2020-05-22)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Cunningham v. Lyft, Inc.
D. Mass. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
possible loss of earnings is not the type of injury which warrants a finding of irreparable injury
discussed Cited as authority (rule) Hampton Dellinger v. Scott Bessent
D.C. Cir. · 2025 · confidence medium
Cir. 2008) (“Although the district court characterized the relief [appellant] seeks as a ‘temporary restraining order,’ that court’s order dismissing his motion ‘effectively foreclose[s]’ [appellant] ‘from pursuing further interlocutory relief in the form of a preliminary injunction,’ and is therefore ‘tantamount to denial of a preliminary injunction,’ appealable under 28 U.S.C. § 1292 (a)(1).” (quoting Levesque v. Maine, 587 F.2d 78, 80 (1st Cir. 1978))).
discussed Cited as authority (rule) Open Technology Fund v. Pack
D.D.C. · 2020 · confidence medium
Dec. 2, 1988) (President of Board of Directors of U.S. General Accounting Office Employees Federal Credit Union); EEOC v. City of Janesville, 630 F.2d 1254, 1256 (7th Cir. 1980) (Chief of Police); Levesque v. State of Maine, 587 F.2d 78, 79 (1st Cir. 1978) (Maine Commissioner of Manpower).
cited Cited as authority (rule) Cunningham v. Lyft, Inc.
D. Mass. · 2020 · confidence medium
Opp’n to Mot. for Injunctive Relief 15 (citing Levesque v. Maine, 587 F.2d 78, 81 (1st Cir. 1978)) [#38], Plaintiffs merely point back to their public injunction argument.
cited Cited as authority (rule) Fideicomiso De La Tierra Del Caño Martín Peña v. Fortuño
1st Cir. · 2009 · confidence medium
Levesque v. State of Maine, 587 F.2d 78, 79 (1st Cir.1978).
discussed Cited as authority (rule) Mears v. State of N.M.
10th Cir. · 1994 · confidence medium
The order is appealable if it " 'operates as a preliminary injunction, or when the order is appealable as a final order under 28 U.S.C. 1291.' " Populist Party v. Herschler, 746 F.2d 656 , 661 n. 2 (10th Cir.1984)(quoting Levesque v. Maine, 587 F.2d 78, 79 (1st Cir.1978)). 7 We have already ascertained that the order is not appealable as a final order under 1291.
cited Cited as authority (rule) Febus v. Gallant
D. Mass. · 1994 · confidence medium
Associated Builders v. Mass. Water Resources Auth., 935 F.2d 345, 350 (1st Cir.1991); Levesque v. State of Maine, 587 F.2d 78, 80 (1st Cir.1979).
discussed Cited as authority (rule) Gately v. Comm. of Mass.
1st Cir. · 1993 · confidence medium
As we read Sampson, it teaches that a federal court cannot dispense with the irreparable harm requirement in affording injunctive relief; that temporary loss of income does not rise to the level of irreparable harm in the usual employee discharge case, see, e.g., Levesque v. Maine, 587 F.2d 78, 81 (1st Cir. 1978) (citing Sampson and holding that plaintiff's "possible loss of earnings" did not amount to irreparable harm); and that, before enjoining a government agency from dismissing a Civil Service employee who has not exhausted her administrative remedies, a district court must find that the …
discussed Cited as authority (rule) Daniel J. GATELY, Et Al., Plaintiffs, Appellees, v. COMMONWEALTH OF MASSACHUSETTS, Et Al., Defendants, Appellants
1st Cir. · 1993 · confidence medium
As we read Sampson , it teaches that a federal court cannot dispense with the irreparable harm requirement in affording injunctive relief; that temporary loss of income does not rise to the level of irreparable harm in the usual employee discharge case, see, e.g., Levesque v. Maine, 587 F.2d 78, 81 (1st Cir.1978) (citing Sampson and holding that plaintiffs “possible loss of earnings” did not amount to irreparable harm); and that, before enjoining a government agency from dismissing a Civil Service employee who has not exhausted her administrative remedies, a district court must find that t…
discussed Cited as authority (rule) United States v. Algienon Tanner
7th Cir. · 1991 · confidence medium
Factors other than the mere quantum of a controlled substance that suggest a distribution plan include evidence of its packaging in a manner consistent with distribution (United States v. Gooding, 695 *587 F.2d 78, 84 (4th Cir.1982), cited in Garrett, 903 F.2d at 1113 n. 10), and of its resale value (United States v. Ramirez-Rodriquez, 552 F.2d 883, 885 (9th Cir.1977)).
cited Cited as authority (rule) Populist Party v. Herschler
10th Cir. · 1984 · confidence medium
See 28 U.S.C. § 1292 (a)(1); Levesque v. Maine, 587 F.2d 78, 79 (1st Cir.1978).
cited Cited as authority (rule) Populist Party v. Herschler
10th Cir. · 1984 · confidence medium
Sec. 1292 (a)(1); Levesque v. Maine, 587 F.2d 78, 79 (1st Cir.1978).
cited Cited as authority (rule) Local Division 589, Amalgamated Transit Union v. Massachusetts
D. Mass. · 1981 · confidence medium
In a case involving a public facility, the public interest must be considered. 6 Levesque v. Maine, 587 F.2d 78, 80 (1st Cir. 1978).
cited Cited as authority (rule) United States v. Mary Sue Hubbard, United States of America v. Mary Sue Hubbard Church of Scientology of California, Church of Scientology of California v. United States of America
D.C. Cir. · 1981 · confidence medium
Levesque v. Me., 587 F.2d 78, 79-80 (1st Cir. 1978).
cited Cited as authority (rule) United States v. Hubbard
D.C. Cir. · 1980 · confidence medium
Levesque v. Me., 587 F.2d 78, 79-80 (1st Cir. 1978).
discussed Cited as authority (rule) Arizona v. Maricopa County Medical Society
9th Cir. · 1980 · confidence medium
In the Matter of Vuitton et Fils S.A., 606 F.2d 1, 3 (2d Cir. 1979); Levesque v. State of Maine, 587 F.2d 78, 79 (1st Cir. 1978); Sohappy v. Smith, 529 F.2d 570, 572 (9th Cir. 1976); 9 Moore’s Federal Practice H 110.20[5] (2d ed. 1975).
discussed Cited as authority (rule) Women's Community Health Center, Inc. v. Cohen
D. Me. · 1979 · confidence medium
Levesque v. Maine, 587 F.2d 78, 80 (1st Cir. 1978); Grimard v. Carlston, 567 F.2d 1171, 1173 (1st Cir. 1978); Morgan v. Kerrigan, 509 F.2d 618, 619 (1st Cir. 1975); Keefe v. Geanakos, 418 F.2d 359 (1st Cir. 1969); Automatic Radio Manufacturing Co. v. Ford Motor Co., 390 F.2d 113 (1st Cir.), cert. denied, 391 U.S. 914 , 88 S.Ct. 1807 , 20 L.Ed.2d 653 (1968).
cited Cited as authority (rule) Madeleine Leon De Salas v. Alberto Burgos
1st Cir. · 1979 · confidence medium
See Arnett v. Kennedy, 416 U.S. 134, 157 , 94 S.Ct. 1633 , 40 L.Ed.2d 15 (1974); Levesque v. State of Maine, 587 F.2d 78, 80 (1st Cir. 1978).
discussed Cited "see" Hunter v. Hirsig
10th Cir. · 2015 · signal: see · confidence high
Brands, Inc., 450 U.S. 79, 84 , 101 S.Ct. 993 , 67 L.Ed.2d 59 (1981)); see Populist Party, 746 F.2d at 661 n. 2 (noting that such an order is appealable if it “in reality operates as [the denial of] a preliminary injunction” (quoting Levesque v. Maine, 587 F.2d 78, 79 (1st Cir.1978))).
discussed Cited "see" Belbacha v. Bush (2×)
D.C. Cir. · 2008 · signal: see · confidence high
See Levesque v. Maine, 587 F.2d 78, 80 (1st Cir.1978).
cited Cited "see" H. K. Porter Company, Inc., a Delaware Corporation v. Metropolitan Dade County, a Florida Municipal Corporation
5th Cir. · 1981 · signal: see · confidence high
See Levesque v. State of Maine, 587 F.2d 78, 80 (1st Cir. 1978). 8 .
cited Cited "see" Coalition for Basic Human Needs v. Edward J. King
1st Cir. · 1981 · signal: see · confidence high
See Levesque v. State of Maine, 587 F.2d 78, 79 (1st Cir. 1978).
discussed Cited "see" Environmental Defense Fund, Inc. v. Cecil D. Andrus
9th Cir. · 1980 · signal: see · confidence high
See Levesque v. Maine, 587 F.2d 78 (1st Cir. 1978). 2 Because important public policy issues are involved and time is of the essence, we exercise our option under Fed.R.App.P. 2 to suspend the normal requirements of appellate procedure and reach the merits of this appeal.
cited Cited "see" Environmental Defense Fund, Inc. v. Andrus
9th Cir. · 1980 · signal: see · confidence high
See Levesque v. Maine, 587 F.2d 78 (1st Cir. 1978).
cited Cited "see" Carlos Rivera Gomez v. Astol Calero Toledo
1st Cir. · 1979 · signal: see · confidence high
See Rodriguez de Quinonez v. Perez, 596 F.2d 486 (1st Cir. 1979), and Levesque v. State of Maine, 587 F.2d 78 (1st Cir. 1978).
cited Cited "see, e.g." Asseo v. Centro Medico Del Turabo, Inc.
1st Cir. · 1990 · signal: see also · confidence medium
See also Levesque v. Maine, 587 F.2d 78, 80 (1st Cir.1978).
cited Cited "see, e.g." Asseo v. Centro Medico Del Turabo, Inc.
1st Cir. · 1990 · signal: see also · confidence medium
See also Levesque v. Maine, 587 F.2d 78, 80 (1st Cir.1978). 46 With these factors clearly in mind, we turn now to the injunctive relief at issue here.
discussed Cited "see, e.g." Leroy STEWART, Plaintiff-Appellee, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellant
2d Cir. · 1985 · signal: see also · confidence low
The Sampson Court held that, except in a "genuinely extraordinary situation,” irreparable harm is not shown in employee discharge cases simply by a showing of financial distress or difficulties in obtaining other employment “however severely they may affect a particular individual.” Id. at 92 n. 68, 94 S.Ct. at 953 n. 68; see also Levesque v. Maine, 587 F.2d 78 (1st Cir.1978).
Retrieving the full opinion text from the archive…
Emilien LEVESQUE, Plaintiff-Appellant,
v.
STATE OF MAINE Et Al., Defendants-Appellees
78-1351.
Court of Appeals for the First Circuit.
Nov 22, 1978.
587 F.2d 78
1978 U.S. App. LEXIS 7485
Sidney St. F. Thaxter, Portland, Maine, with whom Kermit V. Lipez, Curtis Thaxter Corey Lipez & Stevens, Robert E. Mittel and Sewall & Mittel, Portland, Maine, were on brief, for plaintiff, appellant., Donald G. Alexander, Deputy Atty. Gen., Augusta, Maine, with whom S. Kirk Studstrup, Asst. Atty. Gen., Augusta, Maine, was on brief, for defendants, appel-lees.
Aldrich, Campbell, Bownes.
Cited by 36 opinions  |  Published
BOWNES, Circuit Judge.

Plaintiff Emilien Levesque appeals the denial of his request for a temporary restraining order mandating his reinstatement as Commissioner of Manpower for the State of Maine. Since his complaint was framed in terms of a temporary restraining order, we determine at the outset whether the denial of his request is appealable.

Temporary restraining orders are normally not appealable. Massachusetts Air Pollution and Noise Abatement Committee v. Brinegar, 499 F.2d 125, 126 (1st Cir. 1974); 28 U.S.C. § 1292(a)(1). [1] Exceptions to the general rule of nonappealability arise when the order in reality operates as a preliminary injunction, see Spencer Companies, Inc. v. Armonk Industries, Inc., 489 F.2d 704, 706 (1st Cir. 1973), or when the order is appealable as a final order under 28 U.S.C. § 1291.

To fall within the ambit of the first exception, the requirements we outlined in Massachusetts Air Pollution, supra, 499 F.2d at 126, must be met. We must find either that a full adversary hearing has been provided or that, in the absence of review, further interlocutory relief is unavailable.

Levesque was Commissioner of the Department of Manpower Affairs for the State of Maine from November 8, 1973, until June 9, 1978. A factual dispute exists as to whether Levesque was removed from his office by Maine Governor James B. Longley without cause, whether he was removed for cause, or whether Longley accepted Levesque’s previously tendered resignation. The district court, without articulating a clear resolution of the dispute, nonetheless treated the question as one of removal rather than resignation. It did not resolve the issue of whether the removal was for cause or not.

The trial court denied the requested order reinstating Levesque to his position and denied the request for a pretermination hearing. The court, after analyzing the pertinent statutory and case law, concluded that Levesque did have a property interest in his position sufficient to invoke due process safeguards, but determined that those interests would be protected through a post-termination hearing. In finding Levesque entitled to due process safeguards, the court suggested that defendants begin the process of providing a post-termination hearing, the first step of which was to be completed by July 28, 1978, one month following the lower court’s decision, This means, of course, that, in fashioning this order, relief broader than that normally available under a temporary restraining or[*80] der, whose duration is limited to ten days, Fed.R.Civ.P. 65(b), was envisioned by the court.

We think it apparent, given the context of this appeal, that plaintiff is effectively foreclosed from pursuing further interlocutory relief in the form of a preliminary injunction which would request the same remedy to which the court has already determined he is not entitled. Therefore, although both the request and the court order are couched in terms of a temporary restraining order, we think this is the unusual case where denial of a temporary restraining order is tantamount to denial of a preliminary injunction and, hence, appealable under 28 U.S.C. § 1292(a)(1).

We examine the question of whether the court abused its discretion or erred as a matter of law in refusing the injunctive relief requested by plaintiff guided by the strict standard of review available in such instances. Grimard v. Carlston, 567 F.2d 1171, 1173 (1st Cir. 1978); Hochstadt v. Worcester Foundation, Inc., 545 F.2d 222, 229 (1st Cir. 1976), Automatic Radio Mfg. Co. v. Ford Motor Co., 390 F.2d 113, 115 (1st Cir.), cert. denied, 391 U.S. 914, 88 S.Ct. 1807, 20 L.Ed.2d 653 (1968).

We confine our analysis to a determination of whether plaintiff met the burden required for obtaining injunctive relief: likelihood of prevailing on the merits; irreparable harm; promoting the public interest; no irreparable harm to defendants. In refusing to order Levesque’s reinstatement pending a hearing, the district court found him not entitled to a pretermination hearing. It also found no danger of irreparable harm to plaintiff and the possibility of irreparable harm to the state should plaintiff be reinstated pending his hearing.

In finding plaintiff not entitled to a pre-termination hearing, the district court found first that, while Levesque was a high ranking policy employee and thus, more typically subject to summary dismissal, see, e. g., Elrod v. Burns, 421 U.S. 347, 367-73, 95 S.Ct. 2673, 49 L.Ed.2d 547 (1975), Maine provided added protection to such employees. The court found that Levesque, under both statutory [2] and case law [3] enjoyed a property interest in his continued employment and that he was entitled to certain procedural safeguards in the event of his being deprived of that interest. See generally Arnett v. Kennedy, 416 U.S. 134, 164—71, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974) (Powell, J., concurring); Perry v. Sindermann, 408 U.S. 593, 601-03, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972); Board of Regents v. Roth, 408 U.S. 564, 576-78 (1972).

The district court, thereupon, in keeping with principles enunciated in Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 47 L.Ed. 18 (1976), balanced plaintiff’s interest in a pretermination hearing with the state’s interest in not holding such a hearing prior to his dismissal. Cf. Arnett v. Kennedy, supra, 416 U.S. at 167-71, 94 S.Ct. 1633 (Powell, J., concurring). After this weighing procedure, it found that forcing the state to retain in office a high ranking, policy-making employee such as Levesque, pending a hearing, would undermine orderly government functioning. The court drew a distinction between the administrative difficulties encountered by retention of this level official and the ordinary lower level employee. The Commissioner of Manpower Affairs is the equivalent of a cabinet level position and entails close cooperation and collaboration with the governor. It is difficult to image how, in the absence of the governor’s confidence, Levesque could continue to function effectively. Defendants’ interest, which is substantial, in smooth governmental functioning would suffer, as would the public interest.

[*81] The lower court stated further than no irreparable harm would be suffered by plaintiff, noting that he continued to receive compensation. While there is nothing in the record to indicate whether Levesque is still receiving some sort of unemployment compensation, plaintiff’s possible loss of earnings is not the type of injury which warrants a finding of irreparable injury. See Sampson v. Murray, 415 U.S. 61, 89-92, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974). [4]

The court neither abused its discretion nor erred as a matter of law in concluding that Levesque was not likely to prevail on the merits of his claim to a pretermination / hearing. The other elements necessary to sustain a showing for injunctive relief were also found lacking by the district court, viz., a showing of irreparable harm, no harm to defendants, and promotion of the public interest. We see no error in these determinations.

The order of the district court is affirmed.

1

. “(a) The courts of appeals shall have jurisdiction of appeals from:

(1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court[.]”

2

. The law under which Levesque was appointed provided that he be removed only for cause. 19 M.R.S.A. § 1401. That law was later amended; the amended form still provided that incumbents could be removed by the governor solely for cause. 1975 Laws of Maine, ch. 771, § 429-A, reprinted at 26 M.R.S.A. § 1401 (Supp. 1977-78).

3

. See, e. g., Andrews v. King, 77 Maine 224 (1885); State v. McLellan, 117 Maine 73, 76, 102 A. 778 (1918); Sevigny v. City of Biddeford, 344 A.2d 34, 40 (Maine 1975).

4

. Although Levesque has argued that the eleventh amendment stands as a possible bar to his recovering past lost wages, we would point out that the amendment bars suit solely in a federal court. We have been pointed to no authority which suggests that Levesque would be unable to bring suit in state court to recover improper ly withheld back wages. Our research suggests the contrary. See Davies v. City of Bath, 364 A.2d 1269, 1273 & n. 9 (Maine 1976) (no constitutional provision imposes sovereign immunity in Maine; judicial rejection of the doctrine). See also Foss v. Maine Turnpike Authority, 309 A.2d 339, 342-45 (Maine 1973).