Wexler v. Lawyers for Children, Inc.

Background

Linnea Wexler, proceeding without a lawyer, brought this action individually and on behalf of her minor daughter, V.P.W. The defendants include Lawyers for Children, Inc. (LFC), nine lawyers who work at LFC, four LFC licensed social workers, and LFC’s director of philanthropy and strategic partnerships. Wexler alleges that the defendants violated her rights as the parent of V.P.W.

Wexler filed an unsigned request under Rule 65 of the Federal Rules of Civil Procedure for an order to show cause and temporary restraints. She asked the court to prevent LFC, its employees, and others acting for LFC from acting as V.P.W.’s attorney for the child or having any role in the custody case identified in the opinion.

Court’s analysis

A preliminary injunction is an extraordinary remedy. The court stated that the person seeking one must show likely irreparable harm and either a likelihood of success on the merits or sufficiently serious legal questions to make the dispute appropriate for litigation, together with a balance of hardships that strongly favors that person.

The court concluded that Wexler’s submissions did not demonstrate a likelihood of success on the merits or sufficiently serious questions combined with the required balance of hardships. The opinion states that the court would issue an explanatory order later.

Ruling

Chief United States District Judge Laura Taylor Swain denied Wexler’s request for an order to show cause. The court therefore denied the requested preliminary injunctive relief. Under 28 U.S.C. § 1915(a)(3), the court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees for that appeal.