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Motion for Preliminary Injunction - Michigan Litigation Law

Motion for Preliminary Injunction - Michigan Litigation Law 2025

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The document is a legal motion filed by Joseph Gale against the City of Royal Oak and its police department, seeking a preliminary injunction to stop the enforcement of their policy regarding stop and frisks without reasonable suspicion or probable cause. Gale argues that this policy violates the Fourth Amendment and constitutes false imprisonment. The motion details incidents where he was stopped and searched without justification, asserts that such practices are unconstitutional, and requests measures to ensure proper documentation and monitoring of police stops.

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What is the burden of proof for a preliminary injunction?

In order to prevail in its request for a preliminary injunction, Plaintiffs must demonstrate: (1) they are likely to prevail on the merits; and (2) they will suffer irreparable harm if the preliminary injunction is not granted. Plaintiffs have met their burden for purposes of the preliminary injunction.

What is a preliminary injunction motion?

A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The injunctive relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.

What are the 4 elements of injunction?

In determining whether to grant or deny a preliminary injunctive relief, the courts generally look to several of the factors including: (1) the plaintiffs likelihood of prevailing on the merits;(2) a showing of irreparable injury to plaintiff if relief is not granted; (3) the threatened injury to the movant is

What is the cause of action for preliminary injunction?

Preliminary injunctions can be issued in any situation where the moving party will be irreparably harmed if the status quo is not preserved during the case. When preliminary injunctions are issued, the nonmoving party must be notified and given a chance to respond.

What four factors determine whether a preliminary injunction should be issued?

Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), is applicable to all other litigants seeking preliminary injunctions, and requires that a party seeking a preliminary injunction must establish: (1) it is likely to succeed on the merits, (2) it is likely to suffer irreparable harm in the absence of

What are the four factors for preliminary injunction?

A court needs to examine whether the plaintiff is likely to succeed on the merits, whether the plaintiff is likely to suffer irreparable harm without the injunction, whether the balance of equities and hardships is in the plaintiffs favor, and whether an injunction is in the public interest.

Motion for Preliminary Injunction - Michigan Litigation Law 2025

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