McGillicuddy v. Monaghan

Plaintiffs, police officers, seek to restrain the police commissioner of the city of New York by an injunction pendente lite from proceeding with the trial of plaintiffs in police department disciplinary proceedings.

Without passing upon the merits of any of the proposed defenses to the charges, we call attention to the well-established legal principle that a court of equity will not enjoin the prosecution of an action or proceeding on grounds which may be asserted as a defense in the action or in the proceeding. An injunction pendente lite may be granted only upon a showing that plaintiffs…