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· 9/30/2002

Philip D. Overstreet v. Lexington-Fayette Urban County Government

Citations

  • 305 F.3d 566
  • 19 I.E.R. Cas. (BNA) 527
  • 2002 U.S. App. LEXIS 20646
  • 2002 WL 31154949

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “[a] plaintiff’s harm from the denial of a preliminary injunction is irreparable if it is not fully compensable by monetary damages” (citations omitted)
  • holding that a preliminary injunction “is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.”
  • stating that the potential for irreparable harm is present when it is constitutional rights that are being enjoined
  • holding that because the Plaintiff was unable “to demonstrate that he has a cognizable constitutional claim . . . his argument that he is entitled to a presumption of irreparable harm based on the alleged constitutional violation is without merit”
  • explaining that a privacy interest in financial affairs is not protected by the Fourteenth Amendment
  • noting that the Federal Rules of Civil Procedure do not recognize the existence of a “temporary injunction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keith, Daughtrey, Marbley

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.