Irreparable Harm
Harm that money damages alone cannot fix — a required showing for obtaining injunctive relief like a TRO or preliminary injunction.
What It Is
Irreparable harm means injury that cannot be adequately compensated by money damages after the fact. It is one of the key requirements for obtaining injunctive relief — including temporary restraining orders and preliminary injunctions.
The logic is straightforward: courts generally prefer to let cases play out and award money at the end. But when money can’t undo the damage — because the harm is ongoing, because a right will be permanently lost, or because the injury can’t be quantified — a court may step in with an order to stop the harmful conduct now.
What Qualifies as Irreparable Harm
In § 1983 cases, courts have recognized irreparable harm in situations including:
- Loss of constitutional rights — The Supreme Court has held that “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347 (1976). This principle extends to other constitutional rights.
- Ongoing unconstitutional conditions — Dangerous jail or prison conditions threatening your health or life
- Destruction of evidence — Once evidence is gone, it’s gone
- Threats to physical safety — Continued police harassment or retaliation
- Loss of unique property — Something that can’t be replaced with money
What Doesn’t Qualify
- Financial losses that can be calculated and repaid later
- Speculative or hypothetical future harm — You need to show the harm is likely, not just possible
- Past harm — Irreparable harm must be ongoing or imminent. If the bad conduct already happened and stopped, you seek money damages instead.
The Standard
You must show that irreparable harm is likely in the absence of an injunction — not merely possible. The Supreme Court emphasized this in Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008): a mere “possibility” of irreparable harm is not enough.
Practical Tips for Pro Se Litigants
When arguing irreparable harm in your motion:
- Be specific — Don’t just say “I’ll be harmed.” Explain exactly what will happen if the court doesn’t act.
- Show urgency — Why can’t this wait for a full trial?
- Explain why money isn’t enough — What makes this harm impossible to undo with a dollar amount?
- Provide evidence — Attach declarations, photos, medical records, or other documents showing the harm is real and imminent.
Key Cases
- Elrod v. Burns, 427 U.S. 347 (1976) — Loss of First Amendment rights is per se irreparable harm
- Winter v. NRDC, 555 U.S. 7 (2008) — Irreparable harm must be “likely,” not just “possible”
- Doran v. Salem Inn, Inc., 422 U.S. 922 (1975) — Showing of irreparable harm required for preliminary injunctive relief