The court of appeals ruled that no reversible error was found in the preliminary injunction
issued by Judge Milton I Shadur, who presides in the US District Court for the Northern District of Illinois in Chicago.
On appeal, the defendant argued that the trial court erred in failing to determine that the preliminary injunction
had been wrongfully granted.
Thus Roberts concluded that the administration "failed to convince the District Court at the preliminary injunction
hearing that health or diversion concerns provide a compelling interest in banning the UDV's sacramental use of hoasca.
the court granted a preliminary injunction
to bar the misuse of a trademark (OBH Inc.
The court heard the co-op's plea and specifically conditioned the preliminary injunction
upon the tenant's posting an undertaking of $500,000.
30 months after a preliminary injunction
was granted, a motion for a permanent injunction was denied and the action was dismissed as moot as a result of the sheriffs full compliance with the preliminary injunction
The injunction, which encompasses portions of Devonshire and Van Nuys police divisions, has led to about 65 arrests since the court granted a preliminary injunction
against the gang in April 1993 and 10 arrests since prosecutors obtained a permanent injunction in February 2000, said Deputy City Attorney Jule Bishop.
After the preliminary injunction
expired, the district court held that the Prison Litigation Reform Act (PLRA) did not limit a 90-day period for preliminary injunctions
to only those preliminary injunctions
that set forth detailed measures of relief, and ordered state officials to submit a new plan.
The lawsuit seeks a preliminary injunction
that would ban certain types of conduct of the 18th Street Gang in a 17-square-block target area.