Legal Opinion

McMillen v. Itawamba County School District

District Court, N.D. Mississippi

Decided March 23, 2010No. 1:10CV61-D-DPublishedCited by 2 opinions

1Opinion of the Court

OPINION DENYING MOTION FOR PRELIMINARY INJUNCTION

DAVIDSON, Senior District Judge.

Presently before the court is Plaintiffs motion for preliminary injunctive relief pursuant to Rule 65 of the Federal Rules of Civil Procedure. Upon due consideration, the court finds that the motion should be denied. The Court, however, holds that Plaintiff has met her burden of proof as to three of the four factors required for a preliminary injunction.

A. Factual Background

Plaintiff, Constance McMillen (“Constance”), is a senior at Itawamba Agricultural High School (“IAHS”) in Fulton, Mississippi. Constance has…

2Cases cited18 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  4. Shelton v. TuckerSupreme Court of the United States · 1960
  5. Texas v. JohnsonSupreme Court of the United States · 1989

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3Cited by2 opinions

  1. Campaign for Southern Equality v. BryantDistrict Court, S.D. Mississippi · 2014
  2. Vuz v. DCSS III, Inc.District Court, S.D. California · 2020

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