Hay v. University of Texas Medical Branch
689 F. App'x 298
| 5th Cir. | 2017Background
- Plaintiff Herbert Darrell Hay, a Texas prisoner, sued under 42 U.S.C. § 1983, the ADA, and the Rehabilitation Act and sought injunctive relief and service on the Texas Board of Criminal Justice.
- The district court denied Hay’s motion to allow service of process on the Texas Board of Criminal Justice and denied his motion for a preliminary injunction.
- Hay appealed both rulings to the Fifth Circuit; the court addressed jurisdiction over each appeal separately.
- The Fifth Circuit concluded it lacked jurisdiction to review the non-final interlocutory denial of service because the district court did not certify the order under 28 U.S.C. § 1292(b).
- The court proceeded to review the denial of the preliminary injunction on the merits under 28 U.S.C. § 1292(a)(1).
- The district court had found Hay failed to satisfy the four-factor preliminary-injunction test, particularly as to irreparable harm and likelihood of success, and denied an evidentiary hearing as unnecessary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over appeal of denial of service on Texas Board of Criminal Justice | Hay argued the denial was appealable | District court order was non-final and not certified under § 1292(b) | Dismissed for lack of appellate jurisdiction |
| Denial of preliminary injunction: likelihood of success on merits | Hay contended he demonstrated a substantial likelihood of success | District court found Hay failed to meet his burden on merits | Affirmed: Hay did not show likelihood of success |
| Denial of preliminary injunction: irreparable injury | Hay argued he showed substantial threat of irreparable harm | District court found insufficient proof of irreparable injury | Affirmed: Hay failed to show irreparable injury |
| Need for evidentiary hearing on injunction request | Hay argued a hearing was required | District court decided the motion based on submitted evidence | Affirmed: no hearing required where decision based on existing record |
Key Cases Cited
- White v. Carlucci, 862 F.2d 1209 (5th Cir. 1989) (standard of review for denial of preliminary injunction)
- Byrum v. Landreth, 566 F.3d 442 (5th Cir. 2009) (four-factor preliminary injunction test)
- Black Fire Fighters Ass’n v. City of Dallas, 905 F.2d 63 (5th Cir. 1990) (denial affirmed if movant fails any one factor)
- Burma Navigation Corp. v. Reliant Seahorse MV, 99 F.3d 652 (5th Cir. 1996) (Rule 52(a) sufficiency of findings)
- Kaepa, Inc. v. Achilles Corp., 76 F.3d 624 (5th Cir. 1996) (evidentiary hearing not required when decision is based on submitted evidence)
- Parker v. Ryan, 959 F.2d 579 (5th Cir. 1992) (same)