Preliminary Injunction / TRO

What It Is

A preliminary injunction (PI) and temporary restraining order (TRO) are emergency court orders that maintain the status quo while the case is litigated. A TRO can be obtained ex parte (without the other side present) and lasts up to 14 days. A PI requires notice and a hearing and lasts until trial.

The Four-Factor Test

To get a PI under Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008):

1. Likelihood of success on the merits — You’re likely to win your § 1983 claim
2. Irreparable harm — Without the injunction, you’ll suffer harm that can’t be fixed with money
3. Balance of equities — The harm to you outweighs the burden on the defendant
4. Public interest — The injunction serves the public interest

Constitutional violations are often presumed to cause irreparable harm. And the public always has an interest in constitutional policing.

When to Use It

• Ongoing harassment — An officer is continuing to target you
• Destruction of evidence — You need a court order to preserve body camera footage
• Unconstitutional policy — A department policy is actively violating people’s rights
• Jail conditions — Pretrial detainees facing immediate health or safety threats

Key Cases

• Winter v. NRDC, 555 U.S. 7 (2008) — Four-factor PI test
• Elrod v. Burns, 427 U.S. 347 (1976) — Loss of First Amendment rights constitutes irreparable harm

Key Rules

• Rule 65(a) — Preliminary injunctions
• Rule 65(b) — Temporary restraining orders