199 F. Supp. 3d 1172
E.D. Ky.2016Background
- Conn worked 13 years as a Pike County road foreman and was terminated after allegations he stole county gravel.
- Pike County denied his unemployment claim, characterizing his termination as for illegal activity.
- Conn denies wrongdoing, alleges he was fired without adequate notice or an opportunity to contest the charges, and sues for breach of contract and wrongful discharge.
- He moved for a preliminary injunction seeking immediate reinstatement while the case proceeds.
- The district court considered the four-factor preliminary-injunction test but focused on whether Conn showed irreparable harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Conn demonstrated irreparable harm warranting a preliminary injunction | Lost wages, benefits, and difficulty finding work are irreparable and require immediate reinstatement | Economic losses and unemployment are compensable by money damages and back pay, so not irreparable | Denied — ordinary economic harms are reparable; Conn failed to show irreparable injury |
| Whether an alleged past due-process violation (lack of notice/hearing) is an irreparable constitutional injury justifying immediate relief | Loss of procedural due process rights is itself irreparable and requires interim reinstatement | Any due-process injury occurred in the past and can be remedied by damages or reinstatement after judgment; no ongoing constitutional violation | Denied — past procedural violations are not the kind of imminent, ongoing constitutional injuries that justify a preliminary injunction |
Key Cases Cited
- Overstreet v. Lexington-Fayette Urban Cty. Govt., 305 F.3d 566 (6th Cir. 2002) (sets four-factor preliminary-injunction framework)
- Friendship Materials, Inc. v. Mich. Brick, Inc., 679 F.2d 100 (6th Cir. 1982) (irreparable injury is a required element for preliminary injunctions)
- Gilley v. United States, 649 F.2d 449 (6th Cir. 1981) (irreparable injury requires no adequate remedy at law)
- S. Milk Sales, Inc. v. Martin, 924 F.2d 98 (6th Cir. 1991) (affirming denial of preliminary injunction absent irreparable injury)
- Howe v. City of Akron, 723 F.3d 651 (6th Cir. 2013) (career harms from delayed promotion can be irreparable)
- Sampson v. Murray, 415 U.S. 61 (1974) (ordinary wrongful-termination harms are not irreparable)
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (public employees entitled to notice and opportunity to respond)
- Elrod v. Burns, 427 U.S. 347 (1976) (loss of certain constitutional rights can be irreparable)
- Bob Jones Univ. v. Simon, 416 U.S. 725 (1974) (recognizing that threatened but not yet imposed procedural defects may not be imminent irreparable injuries)