Brown v. District of Columbia
888 F. Supp. 2d 28
D.D.C.2012Background
- Brown seeks a preliminary injunction against DCSL, UDC Board of Trustees, and President Sessoms to stop her termination and to permit Board review of her tenure/promotion application.
- FERC recommended tenure on May 14, 2009; Dean Broderick initially resisted but endorsed after updating the record.
- Dean Broderick transmitted the recommendation to Provost Baxter on December 8, 2009.
- Provost Baxter denied tenure on June 6, 2011; Sessoms agreed and did not forward to the Board.
- Brown was informed in May 2012 that her employment would end May 15, 2012; she filed suit on May 9, 2012 and the case was removed to federal court; the District of Columbia was dismissed by stipulation.
- The court denied the injunction due to lack of irreparable harm, establishing that Brown’s injuries were economic and not irreparably harm-causing, and noting the 11-month wait before seeking relief and the availability of remedies by litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown showed irreparable harm to warrant a preliminary injunction. | Brown argues imminent, irreparable harms to career, reputation, and income. | Defendants contend harms are economic and not irreparable; no imminent, certain injury shown. | No; irreparable harm not shown. |
Key Cases Cited
- Winter v. NRDC, 555 U.S. 7 (U.S. Supreme Court 2008) (establishes four-factor test and irreparable harm requirement)
- Wis. Gas Co. v. FERC, 758 F.2d 669 (D.C. Cir. 1985) (economic loss alone is not irreparable harm)
- CityFed Fin. Corp. v. Office of Thrift Supervision, 58 F.3d 738 (D.C. Cir. 1995) (no irreparable harm, other factors insufficient without it)
- Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006) (high bar for irreparable harm; imminent and likely harm required)
- Connecticut v. Massachusetts, 282 U.S. 660 (U.S. 1931) (injunctions not granted for remote or indefinite future harms)
- Wis. Gas Co. v. FERC, 758 F.2d 669 (D.C. Cir. 1985) (reaffirmation that monetary losses are not irreparable)
- Int’l Internships Programs v. Napolitano, 798 F. Supp. 2d 92 (D.D.C. 2011) (need for evidence of actual or imminent injury; bald assertions insufficient)
- Mazurek v. Armstrong, 520 U.S. 968 (U.S. 1997) (burden on plaintiff to prove entitlement to relief)