South Dakota Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. For example, in a custody case, an injunction may be used to prevent a party from removing a child from the country. Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injunction is not granted. Failure to comply with a notice of an injunction is punishable by being held in contempt of court.


Mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.

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  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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FAQ

A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo.

A mandatory injunction compels an affirmative act, and thus changes the position of the parties. A mandatory injunction is much more difficult to obtain, and are granted only in extraordinary circumstances. A preliminary injunction is issued to preserve the parties' respective positions pending the outcome of the case.

There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.

? affirmative injunction. : an injunction requiring a positive act on the part of the defendant : mandatory injunction in this entry.

With a preliminary injunction, the trial court must make that deci- sion at the very beginning of the lawsuit, well before it determines the merits. With a stay, the court must make that decision at the very beginning of the appeal, well before it determines the merits of the appeal.

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South Dakota Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge