Legal Opinion
Kelly v. Gilbert
District Court, D. Montana
Decided March 17, 1977No. CV-76-108-BLGPublishedCited by 1 opinion
1Opinion of the Court
PRELIMINARY INJUNCTION
BATTIN, District Judge.
Presently before the Court is the question of whether to issue a preliminary injunction restraining the compelled appearance of the plaintiff before the Lewis and Clark County Grand Jury.
JURISDICTION.
The jurisdiction of this Court is invoked, pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331. In the case of Shaw v. Garrison, 467 F.2d 113 (5th Cir. 1972), the Court found jurisdiction to enjoin a bad faith prosecution existed when “a showing of bad faith or harassment is equivalent to a showing of irreparable injury . . . .”
Shaw, supra at 120. After…
2Cases cited37 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Ex Parte YoungSupreme Court of the United States · 1908
- United States v. NixonSupreme Court of the United States · 1974
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Dombrowski v. PfisterSupreme Court of the United States · 1965
32 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Klotz v. UnderwoodDistrict Court, E.D. Tennessee · 1982