LOUIS MATTHEW CLEMENTS
v.
LEE COUNTY, FLORIDA

M.D. Fla. | 2025-11-26
2025 FFL 30283 District Court, M.D. Florida (2025) Positive Treatment

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Holding

A party seeking injunctive relief must establish four specific prerequisites, and failure to plead any one is fatal to the request.

Headnotes

[1] A preliminary injunction motion is premature and must be denied when filed before the court has determined whether the operative pleading states a plausible claim for rel…

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Key Quotes

“A preliminary injunction is an 'extraordinary and drastic remedy,' and [Plaintiff] bears the 'burden of persuasion' to clearly establish all four of these prerequisites.”

Court explaining the demanding standard for preliminary injunctions and that plaintiff bears the burden of establishing all requirements.
Facts & Procedural History

Plaintiff filed a motion requesting injunctive relief to bar enforcement of a local ordinance. The court reviewed the motion to determine if injunctiv…

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Topics
Immunity From Monetary Relief Frivolous Or Malicious Complaint In Forma Pauperis (Ifp) Proceedings Preliminary Injunction Requirements

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Opinion of the Court

This matter comes before the Court on review of Plaintiff’s “Emergency Motion to Effectuate Service on Defendant and Issue a Declaration and Injunction” (Doc #21) filed on November 25, 2025. [fn 1] In pertinent part, Plaintiff requests that the Court grant injunctive relief barring enforcement of Lee County's Child Safety Zone Ordinance, Lee Cnty., Fla., ORDINANCES ch. 19, art. 3, SS 19- 48, 19-51, 19-53 (2023). (Id., p. 3.)

A party seeking injunctive relief must establish that “(1) he has a substantial likelihood of success on the merits, (2) he will suffer irreparable injury unless the injunction or stay issues,

(3) the injunction or stay would not substantially harm the other litigant, and (4) if issued, the injunction or stay would not be adverse to the public interest.” Barber v. Governor of Alabama,

[fn 1]: The Court addresses Plaintiff’s motion in this Order only to the extent that he requests injunctive relief barring the enforcement of Lee County's Child Safety Zone Ordinance. Insofar as Plaintiff requests permission from the Court to effectuate service on Defendant Lee County, Florida, the Court leaves that decision within the discretion of Magistrate Judge Nicholas P. Mizell.

Footnotes
73 F. 4th 1306, 1317 (11th Cir. 2023), cert. denied sub nom. Barber v. Ivey, 143 S. Ct. 2545 (2023) (quoting Chavez v. Fla. SP Warden, 742 F. 3d 1267, 1271, 1273 (11th Cir. 2014)). “A preliminary injunction is an 'extraordinary and drastic remedy,' and [Plaintiff] bears the 'burden of persuasion' to clearly establish all four of these prerequisites.” Wreal, LLC v. Amazon.com, Inc., 840 F. 3d 1244, 1247 (11th Cir. 2016) (citation omitted). Plaintiff’s Motion fails to plead any of the requisite elements for injunctive relief. Because such failure is fatal Plaintiff’s request for a preliminary injunction, it is apparent Plaintiff has not met his burden to issue the injunction. Moreover, in an IFP case, a complaint that “is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune from such relief” must be rejected. 28 U.S.C. § 1915. Because the Court has not yet determined whether the operative pleading in this case states a plausible claim for relief, Plaintiff’s motion for injunctive relief is premature at this stage in the proceedings and the motion must be denied. Accordingly, it is hereby ORDERED: Plaintiff's Motion for Preliminary Injunction is DENIED without prejudice. DONE and ORDERED at Fort Myers, Florida, this 26th day of November, 2025. John E. Steele JOHN E. STEELE SENIOR UNITED STATES DISTRICT JUDGE Copies: Counsel of Record

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