J.S. et al v. Blue Mountain School District et al

Filing 2

MOTION for Temporary Restraining Order by J.S., Terry Snyder, Steven Snyder. (Attachments: # 1 Proposed Order)(kn, ) Modified on 3/29/2007 (sm, ).

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JILL SNYDER, a minor, by and through her parents, TERRY SNYDER and STEVEN SNYDER, individually and on behalf of their daughter, ) ) ) No: 07-CV-________ ) ) Plaintiffs, ) ) ELECTRONICALLY FILED v. ) ) BLUE MOUNTAIN SCHOOL ) DISTRICT; DR. JOYCE E. ) ROMBERGER, Superintendent Blue ) Mountain School District; and JAMES ) S. MCGONIGLE, Principal Blue ) Mountain Middle School, both in their ) official and individual capacities, ) ) Defendants. ) _________________________________ )

TEMPORARY RESTRAINING ORDER AND NOW, this _____ day of March, 2007, after due consideration of plaintiffs' Verified Complaint, Motion for Preliminary Injunction and Memorandum of Support thereof, the plaintiff and defendants having appeared before the Court by their attorneys and presented argument and evidence; and it further appearing that plaintiffs will suffer immediate and irreparable harm, and injury and damage from defendants' conduct unless defendants are enjoined and restrained as requested in

plaintiffs' motion, it is hereby ORDERED, ADJUDJED and DECREED as follows: 1. The Court makes the following findings: a. There is a likelihood that Plaintiffs will succeed on the

merits of their claims that defendants have committed unlawful and unconstitutional acts by retaliating against plaintiff Jill Snyder's constitutionally protected speech and by interfering with the Snyders' parental authority to direct their daughter's conduct when she is not in school and that this conduct will continue unless restrained; b. Substantial and irreparable injury to plaintiffs will follow

unless this order is entered; c. As the relief granted below, greater injury will be inflicted

upon plaintiffs by the denial of relief than will be inflicted upon defendants by the granting of relief; d. e. 2. Plaintiffs have no adequate remedy at law; and The public interest will be served by the injunction.

A Temporary Restraining Order is issued, as provided under Fed. R. Civ. P. 65, and defendants, together with their representatives, agents, servants, and all others acting on their behalf or in concert with them, be hereby are ENJOINED and RESTRAINED FROM punishing or penalizing

Jill Snyder in any way on account of her Internet parody of Principal McGonigle, and from interfering with her education. More specifically, defendants shall forthwith allow Jill to resume her normal class attendance, pending further Order of this Court. 3. This being a non-commercial case involving a relatively small amount of money, and the balance of hardships favoring the Plaintiffs, the Fed. R. Civ. P. 65(c) security bond requirement is hereby waived. Elliot v. Kiesewetter, 98 F.3d 47, 59-60 (3d Cir. 1996); Temple University v. White, 941 F.2d 201, 219-20 (3d Cir. 1991). 4. Plaintiffs, by their attorneys, agents or others designated by it, may serve copies of this Preliminary Injunction upon defendants and upon any person acting in concert or participating with them in the activities referred to above.

BY THE COURT _________________________________________ J.