Legal Opinion

Kersten v. City of Mandan

United States District Court

Decided May 22, 2019No. Case No.: 1:19-cv-085PublishedCited by 8 opinions

1Opinion of the CourtDaniel L. Hovland, Chief Judge

Before the Court is the Plaintiffs' ex parte "Motion for Temporary Restraining Order" filed on May 21, 2019. See Doc. No. 8. The Plaintiffs seek a temporary restraining order pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, enjoining the Defendant from enforcing its ordinance regulating murals. For the reasons set forth below, the Court grants the Plaintiffs' motion for a temporary restraining order.

*642I. BACKGROUND

On May 20, 2019, the Plaintiffs filed a verified complaint against the City of Mandan ("Mandan"), asserting claims under 42 U.S.C. § 1983 and the Civil Rights Act of…

2Cases cited19 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  3. Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
  4. Reed v. Town of GilbertSupreme Court of the United States · 2015
  5. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977

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3Cited by8 opinions

  1. Constance Kramer v. Denny Hoskins, in his official capacity as Secretary of State of MissouriDistrict Court, W.D. Missouri · 2026
  2. Goyette v. City of MinneapolisDistrict Court, D. Minnesota · 2021
  3. Goyette v. City of MinneapolisDistrict Court, D. Minnesota · 2021
  4. Graeff v. United States Election Assistance CommissionDistrict Court, E.D. Missouri · 2022
  5. Joseph Kramek v. Blue Eye R-V School District, et. al.District Court, W.D. Missouri · 2026

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