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Complaint in Federal District Court for a Mandatory Injunction to...

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

Category:

Federal - Injunctions

State:

Multi-State

Control #:

US-02159BG

Format:

Instant download

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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FAQ

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 plaintiff's favor, and whether an injunction is in the public interest.

State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.

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

An injunction is a court order stating that a company must do something or seize from doing a certain action. Injunctions are often granted when monetary damages are not sufficient to remedy a given situation. For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.

Description. An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.

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.

More specifically, Federal Rule of Civil Procedure 65 permits federal district courts to issue preliminary and permanent injunctions, and places no limit on federal courts' power to issue injunctions that require defendants to cease taking action against nonparties.

In order to be granted an injunction, the plaintiff must demonstrate that he is likely to suffer irreparable harm without it, that the injunction's benefit to him outweighs its burden on the defendant, that the injunction is in the public interest, and (in the case of a preliminary injunction) that he is likely to ...

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