Miller v. Rockefeller

LASKER, District Judge.

Plaintiffs are enlisted members of the New York Army National Guard who were tried and convicted by a summary court-martial and sentenced to 25 days in jail and a $25 fine for allegedly displaying peace signs during last year’s Memorial Day parade.

Plaintiffs now move, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary injunction to enjoin defendants from executing an arrest warrant to incarcerate plaintiffs. Plaintiffs have also requested the convocation of a three-judge court to determine the constitutionality of the New York Code of…