Clements v. The State of Florida et al

Filing 29

OPINION AND ORDER denying 20 Motion for temporary restraining order; denying 20 Motion for Preliminary Injunction; denying 20 Motion for Permanent Injunction. Signed by Judge John E. Steele on 7/20/2016. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LOUIS MATTHEW CLEMENTS,
Plaintiff,
v.

Case No: 2:16-cv-100-FtM-29MRM

THE STATE OF FLORIDA,
Defendant.

LOUIS MATTHEW CLEMENTS,
Plaintiff,
v.

Case No: 2:16-cv-101-FtM-99MRM

THE STATE OF FLORIDA,
Defendant.
OPINION AND ORDER
This matter comes before the Court on plaintiff's Motion for
Temporary Restraining Order, Preliminary Injunction, and Permanent
Injunction (Docs. #20, #19) filed on May 25, 2016, in Case No.
2:16-cv-100-FTM-29MRM

and

in

Case

No.

2:16-cv-101-FTM-99MRM. 1

Plaintiff seeks immediate ex parte relief enjoining defendant from
maintaining his name on the Florida Sexual Offender Registry
pending a ruling on the merits of his case, and until such time as

1

Although plaintiff filed two separate cases, the motions
are identical. Therefore, the motion will be applied as to both
cases.

defendant may be permanently enjoined from listing plaintiff on
the Registry.
“[T]emporary restraining orders may be issued without notice
to be effective for a period of fourteen (14) days unless extended
or sooner dissolved.

Such orders will be entered only in emergency

cases to maintain the status quo until the requisite notice may be
given and an opportunity is afforded to opposing parties to respond
to the application for a preliminary injunction.”
4.05(a).

M.D. Fla. R.

In support of an application, a plaintiff must make a

separate motion alleging specific facts by verified complaint or
affidavits to show “not only that the moving party is threatened
with irreparable injury, but that such injury is so imminent that
notice and a hearing on the application for preliminary injunction
is impractical if not impossible (Rule 65(b), Fed. R. Civ. P.).”
Id. at 4.05(b)(2).

On May 2, 2016, in both related cases,

plaintiff filed an Affidavit (Doc. #17) in support of the request
to enjoin “monthly checks” on plaintiff and the restrictions and
limitations implied by being included on the State of Florida’s
Sex Offender Registry.
A temporary restraining order will be issued only if plaintiff
demonstrates: (1) a substantial likelihood of success on the merits
of the claim; (2) that irreparable injury will be suffered if
relief is not granted; (3) the threatened injury outweighs the
harm that might be caused to the opposing party if an order without

- 2 -

notice is not issued; and (4) the public interest at stake, if
any.

Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1225-

26 (11th Cir. 2005); M.D. Fla. R. 4.05(b)(4).
“A preliminary injunction is an extraordinary and drastic
remedy not to be granted unless the movant clearly established the
burden of persuasion as to the four requisites 2.”

McDonald's Corp.

v. Robertson, 147 F.3d 1301, 1306 (11th Cir. 1998) (quoting United
States v. Jefferson Cty., 720 F.2d 1511, 1519 (11th Cir. 1983)
(citation omitted)).

“In order for a preliminary injunction to

issue, the nonmoving party must have notice and an opportunity to
present its opposition to the injunction.”

Four Seasons Hotels

And Resorts, B.V. v. Consorcio Barr, S.A., 320 F.3d 1205, 1210
(11th Cir. 2003).
Assuming there is a status quo to be preserved by the issuance
of a temporary restraining order, plaintiff has not demonstrated
that the threatened injury to his livelihood by continuing to be
a registered sex offender outweighs notice and an opportunity to
be heard.

Any relief sought or granted herein would necessarily

imply the invalidity of plaintiff’s conviction or sentence, and
the Court finds that the extraordinary remedy of a restraining
order is not appropriate.
Accordingly, it is hereby

2

The four requisites are the same as those outlined above
for a temporary restraining order.

- 3 -

ORDERED:
Plaintiff's Motion for Temporary Restraining Order is DENIED
for

the

reasons

set

forth

above,

and

plaintiff’s

Motion

for

Preliminary Injunction and Permanent Injunction (Doc. #20) are
DENIED as no service of process has been executed and no proof of
notice to the State of Florida is evident on the record. 3
DONE and ORDERED at Fort Myers, Florida, this

20th

of July, 2016.

Copies:
Parties of Record

3

A Summons was reissued on July 20, 2016.

- 4 -

(Doc. #28.)

day