Respect Maine PAC, et al v. McKee, et al

Filing 920101029

Opinion

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United States Court of Appeals
For the First Circuit

No. 10-2119

RESPECT MAINE PAC; HAROLD A. CLOUGH; REP. ANDRE E. CUSHING, III,

Plaintiffs, Appellants,

v.

WALTER F. MCKEE; ANDRE G. DUCHETTE, in his official capacity as a member
of the Commission on Governmental Ethics and Election Practices; MARGARET E.
MATHESON, in her official capacity as a member of the Commission on Governmental Ethics
and Election Practices; EDWARD M. YOUNGBLOOD, in his official capacity as a member of the
Commission on Governmental Ethics and Election Practices; MARK LAWRENCE, in his
official capacity as District Attorney of the State of Maine; STEPHANIE ANDERSON, in her
official capacity as District Attorney of the State of Maine; NORMAN CROTEAU, in his
official capacity as District Attorney of the State of Maine; EVERT FOWLE, in his official
capacity as District Attorney of the State of Maine; R. CHRISTOPHER ALMY, in his official
capacity as District Attorney of the State of Maine; GEOFFREY RUSHLAU, in his official
capacity as District Attorney of the State of Maine; MICHAEL E. POVICH, in his official
capacity as District Attorney of the State of Maine; NEAL T. ADAMS, in his official capacity as
District Attorney of the State of Maine; MAINE ATTORNEY GENERAL,

Defendants, Appellees.

Before
Lynch, Chief Judge,
Selya and Howard, Circuit Judges.

ORDER AFFIRMING THE DENIAL OF
PRELIMINARY INJUNCTIVE RELIEF
Entered: October 29, 2010

            We affirm the denial of preliminary injunctive relief for essentially the reasons alluded to in
our order of October 5, 2010 denying an injunction pending appeal.

            We cannot say that the district court abused its discretion in denying preliminary injunctive
relief. Puerto Rico Hosp. Supply, Inc. v. Boston Scientific Corp., 426 F.3d 503, 505 (1st Cir. 2005)
("This court reviews the denial of the preliminary injunction for an abuse of discretion.").

            We remand to the district court for further development of the record on the merits of the
case.

            So ordered.

cc: Hon. George S. Singal, Ms. Linda Jacobson, Clerk, United States District Court for the District
of Maine, James Bopp, Jr., Josiah Neeley, Anita Y. Woudenberg, David P. Crocker, Phyllis
Gardiner,Mr. John R. Brautigam, Ms. Brenda Wright, Mr. Knowlton, Mr. Neeley, Ms. Danetz, Ms.
Marziani, Ms. Youn and Thomas A. Knowlton.