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S.D.N.Y.Procedural orderFiled Nov. 8, 2024

Brown v. Trump

Judge
Laura Swain
Docket
1:24-cv-07909
Court
U.S. District Court · Southern District of New York
Pages
2
Preliminary InjunctionCivil ProcedurePro Se
In one sentence

In Brown v. Trump, Judge Swain denied Brown’s request for a preliminary injunction and temporary restraining order, and denied fee-free appeal status.

Who this affects

Sharon Leslie Brown and the defendants named in the caption, including Donald Trump.

What happened

In Brown v. Trump, Sharon Leslie Brown, representing herself, asked the court for a preliminary injunction and temporary restraining order. The opinion does not describe the underlying claims.

The court said Brown had not shown that she was likely to succeed on her claims or that her case raised serious enough questions to justify emergency relief. It therefore denied her request for preliminary injunctive relief.

Judge Swain denied Brown’s request for an order to show cause and directed the clerk to terminate the motion. The court also denied Brown permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brown v. Trump · No. 1:24-cv-07909
Judge
Laura Swain
Date
Nov. 8, 2024

Background

Sharon Leslie Brown filed an order to show cause seeking a preliminary injunction and a temporary restraining order against Donald Trump and the other defendants. Brown proceeded without a lawyer. The opinion does not explain the underlying claims or the specific conduct she sought to stop.

Legal standard

The court explained that a preliminary injunction is an extraordinary remedy. To obtain it, Brown had to show that she was likely to suffer harm that could not be repaired later and either was likely to succeed on the merits or raised sufficiently serious questions for litigation while showing that the balance of hardships strongly favored her.

Court’s reasoning and ruling

The court concluded that Brown’s submissions did not demonstrate a likelihood of success on the merits or sufficiently serious questions, together with a strongly favorable balance of hardships. The court therefore denied her request for preliminary injunctive relief.

In the conclusion, the court denied Brown’s request for an order to show cause and directed the clerk to terminate the motion. The court also certified that an appeal from the order would not be taken in good faith and denied Brown permission to appeal without paying filing fees. The court stated that it would issue an explanatory order later.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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