Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Preliminary injunction against lawful searches not likely to recur must be denied

By John Wesley Hall, Jr.

Preliminary injunction against future alleged unconstitutional acts has to be denied because the chances of recurrence are slim. Dingler v. City of Southaven, 2008 U.S. Dist. LEXIS 53544 (N.D. Miss. June 11, 2008): The plaintiff has not identified a single example of a substantial threat of irreparable injury if the injunction he seeks doe not issue. Indeed, the only relief the plaintiff seeks in the instant motion is for the defendants to stop committing "further unconstitutional acts." In other words, he seeks an order from the court requiring the defendants to abide by the law. Citizens are already required to obey the law; as such, the extraordinary remedy of a preliminary injunction would be superfluous. For these reasons, the plaintiff has not alleged facts to support two of the four elements required to obtain relief...continue to full post

Full post as published by Fourth Amendment on July 19, 2008 (boomark / email).