MYER
v.
KILGO
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Plaintiff Raymond Alex Myer, an involuntarily committed resident of the Florida Civil Commitment Center, sought a temporary restraining order and preliminary injunction against six FCCC officers, alleging they assaulted him. The court denied the motion, finding that Myer failed to satisfy any of the four requirements necessary for injunctive relief.
The court denied Myer's motion for a temporary restraining order and preliminary injunction because he failed to satisfy any of the four requirements necessary for such relief: he did not establish a substantial likelihood of success on the merits, did not identify a substantial threat of irreparable injury, failed to show that threatened injury outweighs potential harm to defendants, and did not address the public interest.
[1] A plaintiff seeking a preliminary injunction or temporary restraining order must demonstrate a substantial likelihood of success on the merits.
[2] A plaintiff seeking a preliminary injunction or temporary restraining order must demonstrate a substantial threat of irreparable injury.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To receive a preliminary injunction or temporary restraining order, a plaintiff must clearly establish four requirements: "(1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury; (3) that the threatened injury to the plaintiff outweighs the potential harm to the defendant; and (4) that the injunction will not disserve the public interest."”
Establishes the legal standard for obtaining injunctive relief that the plaintiff must satisfy.
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Join FLexlaw to unlock all legal intelligenceMyer is an involuntarily committed resident of the Florida Civil Commitment Center (FCCC). He alleged that six FCCC officers beat him. Myer sought an …
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Before the Court is Plaintiff Raymond Alex Myer's Motion for Emergency Order or Temporary Restraining Order (Doc. 2). Myer is an involuntarily committed residents of the Florida Civil Commitment Center (FCCC). He alleges the six defendants—all FCCC officers—beat him, and he seeks an order prohibiting the defendants from assaulting him again.
To receive a preliminary injunction or temporary restraining order, a plaintiff must clearly establish four requirements: “(1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury; (3) that the threatened injury to the plaintiff outweighs the potential harm to the defendant; and (4) that the injunction will not disserve the public interest." Keister v. Bell, 879 F. 3d 1282, 1287 (11th Cir. 2018). Local Rule 6.01 requires
a motion for a temporary restraining order to establish each of these requirements.
The Court entered a Standing Order (Doc. 4) to ensure FCCC leadership is aware of Myer's allegations, but Myer is not entitled to further relief because the motion does not satisfy any of the four requirements. He does not address his ultimate chance of success on the merits, identifies no possibility of irreparable injury, and fails to consider potential harms to the defendants and the public interest. Accordingly, the plaintiffs' motion (Doc. 2) is denied.
DONE and ORDERED in Fort Myers, Florida on March 18, 2025.
Sheri Polster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
SA: FTMP-1 Copies: All Parties of Record