Please ensure Javascript is enabled for purposes of website accessibility

Injunctive Relief

By: Derek Hawkins//June 10, 2019//

Injunctive Relief

By: Derek Hawkins//June 10, 2019//

Listen to this article

7th Circuit Court of Appeals

Case Name: Antonio Lopez-Aguilar v. Marion County Sheriff’s Department

Case No.: 18-1050

Officials: FLAUM, RIPPLE, and BARRETT, Circuit Judges.

Focus: Injunctive Relief

Antonio Lopez-Aguilar brought this action against the Marion County Sheriff’s Department (“the Sheriff’s Department”), Sheriff John R. Layton, in both his official capacity and his individual capacity, and a sergeant of the Sheriff’s Department, in his individual capacity (together, “the defendants”). His complaint set forth one claim under 42 U.S.C. § 1983. He alleged that when the defendants detained him for transfer into the custody of Immigration and Customs Enforcement (“ICE”), they violated his Fourth Amendment rights. Mr. Lopez-Aguilar also brought supplemental claims, based on Indiana law, for false arrest and false imprisonment. His complaint sought damages and a declaration that the defendants had violated his rights by detaining him. He did not seek injunctive relief.

The parties later proposed, and the district court subsequently entered, a Stipulated Final Judgment and Order for Permanent Injunction (“the Stipulated Judgment”), which granted declaratory and prospective injunctive relief but dismissed with prejudice Mr. Lopez-Aguilar’s damages claims. Following the entry of final judgment, but within the time for appeal, the State of Indiana (“the State” or “Indiana”) moved to intervene for the purpose of appealing the district court’s order entering the Stipulated Judgment. The district court denied Indiana’s motion to intervene. The State now appeals that denial.

Indiana has standing for the purpose of bringing this appeal. The State’s motion to intervene was timely, and it also fulfilled the necessary conditions for intervention of right. Finally, the State has demonstrated that the district court was without jurisdiction to enter prospective injunctive relief. Therefore, for the reasons set forth more fully below, we reverse the judgment of the district court and remand the case for proceedings consistent with this opinion.

Reversed and remanded

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests