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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CAMPAIGN FOR SOUTHERN
EQUALITY, ET AL. PLAINTIFFS
V. CIVIL ACTION NO. 3:14cv818-CWR-LRA
PHIL BRYANT, in his official capacity
as Governor of the State of Mississippi,
ET AL. DEFENDANTS
______________________________________________________________________________
GOVERNOR PHIL BRYANTS AND ATTORNEY GENERAL JIM HOODS
RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR
PRELIMINARY INJUNCTION
______________________________________________________________________________
Defendants Phil Bryant, in his official capacity as Governor of
the State of
Mississippi, and Jim Hood, in his official capacity as
Mississippi Attorney General,
file this Response in Opposition to Plaintiffs Motion for
Preliminary Injunction
[Docket No. 4] and state:
1. On October 20, 2014, Plaintiffs, the Campaign for Southern
Equality,
Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, and Carla
Webb (collectively
the Campaign) filed this lawsuit seeking declaratory and
injunctive relief against
the Governor, Attorney General (collectively the State
Defendants), and the Hinds
County Circuit Clerk and claiming Mississippi Code Section
93-1-1(2) and Article
14, Section 263A of the Mississippi Constitution violate the
Fourteenth Amendment
of the United States Constitution. Complaint, Docket No. 1.
Simultaneously, the
Campaign filed its instant motion for a preliminary and
immediate injunction
constituting full and final relief on the merits of its claims.
Plaintiffs Motion,
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Docket No. 4.
2. The Campaigns motion should be denied for failure to satisfy
the four
necessary elements for preliminary injunctive relief. No
substantial likelihood of
success on the merits has been shown, no threat of immediate and
irreparable
injury has been proven, the balance of potential harms favors
the defendants, and
the requested preliminary injunctive relief would disserve the
publics interest.
3. The State Defendants opposition is supported by this
Response, their
Memorandum of Authorities submitted contemporaneously with this
Response, and
the following exhibits affixed hereto:
EXHIBIT 1: Order inWalker v. Mississippi, Civil Action No.
3:04cv140-LS (Apr. 11, 2006); and
EXHIBIT 2: Order in Walker v. Mississippi, Civil Action No.
3:04cv140-LS (July 25, 2006).
FOR THESE REASONS, the State Defendants respectfully request
that the
Court enter an order denying the motion for preliminary
injunction [Docket No. 4]
in its entirety.
THIS the 10 day of November, 2014.th
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Respectfully submitted,
PHIL BRYANT, in his official capacity as
Governor of the State of Mississippi, and
JIM HOOD, in his official capacity as
Mississippi Attorney General
BY: JIM HOOD, ATTORNEY GENERAL
By: S/Justin L. Matheny
Justin L. Matheny (Bar No. 100754)
Paul E. Barnes (Bar No. 99107)
Office of the Mississippi Attorney General
P.O. Box 220
Jackson, MS 39202
Telephone: (601) 359-3680
Facsimile: (601) 359-2003
[email protected]
[email protected]
Counsel for Defendants Phil Bryant, in his
official capacity as Governor of the State of
Mississippi, and Jim Hood, in his official
capacity as Mississippi Attorney General
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing
document has
been filed electronically with the Clerk of Court using the
Courts ECF system and
thereby served on all counsel of record who have entered their
appearance in this
action.
THIS the 10 day of November, 2014.th
S/Justin L. Matheny
Justin L. Matheny
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