Skehan v. Board of Trustees of Bloomsburg State College, Civ. A. No. 72-644.
| Decision Date | 31 January 1973 |
| Docket Number | Civ. A. No. 72-644. |
| Citation | 353 F. Supp. 542 |
| Parties | Dr. Joseph T. SKEHAN, Plaintiff, v. BOARD OF TRUSTEES OF BLOOMSBURG STATE COLLEGE et al., Defendants. |
| Court | U.S. District Court — Middle District of Pennsylvania |
Cohen & Lore, Philadelphia, Pa., for plaintiff.
J. Shane Creamer, Atty. Gen., Department of Justice, Harrisburg, Pa., for defendants.
On October 10, 1972, Plaintiff filed this action in the United States District Court for the Eastern District of Pennsylvania, alleging that on November 13, 1970, the Defendants summarily and unconstitutionally dismissed Plaintiff from his position as Professor of Economics at Bloomsburg State College. On December 22, 1972, the action was transferred to this Court. A hearing was held on January 11 and 12, 1973, to consider Plaintiff's motion for preliminary injunctive relief in the form of reinstatement to his teaching position with back pay.
Preliminary relief is extraordinary in nature, and is discretionary with the trial judge. See United States Steel Corp. v. Fraternal Association of Steelhaulers, 431 F.2d 1046 (3d Cir. 1970). The standards which govern the issuance of a preliminary injunction are as follows:
Since I find that Plaintiff has failed to show that without the preliminary injunction he will be irreparably injured, his motion will be denied. Plaintiff has been without employment since he was dismissed in November, 1970, and he contends that said dismissal has made it impossible for him to secure similar employment. However, Plaintiff did not file this action until nearly two years after the events which gave rise to his complaints. Delays in seeking preliminary injunctions have been held grounds for barring that relief. Since an application for preliminary injunction is based upon an urgent need for the protection of Plaintiff's rights, a long delay in seeking relief indicates that speedy action is not required. Gillette Company v. Ed Pinaud, Inc., 178 F.Supp. 618, 622 (S.D.N.Y.1959) (involving 4 year delay). See also Gianni...
To continue reading
Request your trial
-
Skehan v. Board of Trustees of Bloomsburg State College
...punitive damages, and attorneys fees. A preliminary injunction was denied on January 31, 1973. Skehan v. Board of Trustees of Bloomsburg College, 353 F.Supp. 542 (M.D.Pa.1973). Subsequently the parties stipulated that a final hearing could be held on the record developed at the hearing on t......
-
Skehan v. Board of Trustees of Bloomsburg State College
...12, 1973. Preliminary injunctive relief was denied in an opinion and order dated January 31, 1973. Skehan v. Board of Trustees of Bloomsburg State College, 353 F.Supp. 542 (M.D.Pa.1973). Subsequently, the parties stipulated that a final hearing could be held on the record developed at the p......
-
Skehan v. Board of Trustees of Bloomsburg State College
...his motion to enforce the judgment of July 20, 1977 will be affirmed. 1 The reported decisions are Skehan v. Board of Trustees of Bloomsburg State College, 353 F.Supp. 542 (M.D.Pa.1973); 358 F.Supp. 430 (M.D.Pa.1973), vacated and remanded, 501 F.2d 31 (3d Cir. 1974), vacated, 421 U.S. 983, ......
-
Skehan v. BD. OF TRUSTEES OF BLOOMSBURG ST. COLLEGE
...Bloomsburg State College. The facts and legal issues are set forth in four decisions of this Court, Skehan v. Board of Trustees of Bloomsburg State College, 353 F.Supp. 542 (M.D.Pa. 1973); 358 F.Supp. 430 (M.D.Pa.1973); 431 F.Supp. 1379 (M.D.Pa.1977) and 436 F.Supp. 657 (M.D.Pa.1977) and in......
-
Injunctions Under Revised Utah Rule of Civil Procedure 65 a
...a half years in seeking injunction "belies . . . claim to irreparable harm"); Skehan v. Board of Trustees of Bloomsburg State College, 353 F.Supp. 542, 543 (M.D. Pa. 1973) (delay in seeking preliminary injunction indicates absence of irreparable injury); Gianni Cereda Fabrics, Inc. v. Bazaa......