Legal Opinion · Dissent

Jeremy Coltharp v. Larry Herrera

Court of Appeals for the Ninth Circuit

Decided July 29, 2014No. 13-56589Unpublished

1DissentBennett, District Judge

I respectfully disagree and thus dissent. In my view, the district court committed reversible error by not granting Plaintiffs’ preliminary injunction for three reasons: (1) Plaintiffs are likely to succeed on the merits; (2) Plaintiffs demonstrated that they are likely to suffer irreparable harm; and (3) the balance of hardships and the consideration of the public interest favor Plaintiffs. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008); see also Klein v. City of San Clemente, 584 F.3d 1196, 1199 (9th Cir.2009).

First, the district court…

2Cases cited17 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Shell Offshore, Inc. v. Greenpeace, Inc.Court of Appeals for the Ninth Circuit · 2013
  3. Stanley v. University of Southern CaliforniaCourt of Appeals for the Ninth Circuit · 1994
  4. Klein v. City of San ClementeCourt of Appeals for the Ninth Circuit · 2009
  5. League of Wilderness Defenders/Blue Mountains Biodiversity Project v. ConnaughtonCourt of Appeals for the Ninth Circuit · 2014

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