Brock v. The City of New York
- Analisa Torres
- 1:21-cv-11094
- U.S. District Court · Southern District of New York
- 2
In Brock v. The City of New York, Judge Analisa Torres denied Mandela Brock’s request for a temporary restraining order and preliminary injunction without prejudice.
Mandela Brock’s request for immediate injunctive relief was denied without prejudice; the order did not grant the requested temporary restraining order or preliminary injunction against The City of New York or Mayor Eric Adams.
What happened
In Brock v. The City of New York, Mandela Brock, proceeding without a lawyer, asked the court for a temporary restraining order and preliminary injunction.
The court explained that this extraordinary relief requires a showing of likely irreparable harm and either a likely win on the merits or serious legal questions combined with hardships strongly favoring the requester.
Judge Analisa Torres denied Brock’s request without prejudice to renewal later. The court also denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Brock v. The City of New York · No. 1:21-cv-11094
- Analisa Torres
- Jan. 7, 2022
Background
Mandela Brock sued The City of New York and Mayor Eric Adams. Brock was proceeding without a lawyer and filed a request for an order requiring the defendants to show cause why the court should issue a temporary restraining order and preliminary injunction.
Legal standard
The court stated that a preliminary injunction or temporary restraining order is an extraordinary remedy. The person seeking it 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, along with a balance of hardships that strongly favors that person.
Ruling
The court found that Brock’s submissions did not demonstrate either a likelihood of success on the merits or sufficiently serious questions combined with a strongly favorable balance of hardships. Judge Analisa Torres therefore denied Brock’s request for a temporary restraining order and preliminary injunction without prejudice to renewal at a later date.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It denied permission to appeal without paying filing fees for that appeal. The Clerk of Court was directed to mail Brock a copy of the order and note service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.