Thomas v. Mental Health Association of Nebraska

Filing 7

MEMORANDUM AND ORDER - Plaintiff's Motion for Temporary Injunction (Filing No. 6 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN PAUL THOMAS,
Plaintiff,

4:17CV3048

vs.
MENTAL HEALTH ASSOCIATION
OF NEBRASKA,

MEMORANDUM
AND ORDER

Defendant.
This matter is before the court on Plaintiff’s Motion for Temporary
Injunction. (Filing No. 6.) Plaintiff asks this court to direct Defendant Mental
Health Association of Nebraska to reinstate his employment until the conclusion of
this case. In his Complaint, Plaintiff seeks monetary damages against Defendant
for wrongful termination. (Filing No. 1.)
Plaintiff fails to establish a threat of irreparable harm because, if Defendant
wrongfully terminated him, the remedies that the court can prescribe – damages
and reinstatement – will address his alleged injuries. See Roberts v. Van Buren
Pub. Schs., 731 F.2d 523, 526 (8th Cir. 1984) (no irreparable harm where complete
remedy available; if appellants prevailed on merits of action they would be entitled
to reinstatement and backpay); Dataphase Sys., Inc. v. C.L. Sys., Inc., 640 F.2d
109, 113 (8th Cir. 1981) (requirements for issuance of a preliminary injunction).
IT IS THEREFORE ORDERED that: Plaintiff’s Motion for Temporary
Injunction (Filing No. 6) is denied.

Dated this 21st day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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