Dist. Ct. did not err in denying plaintiff’s request for issuance of preliminary injunction in action seeking declaration that defendant’s ordinance prohibiting plaintiff from texting individual while driving violated her Due Process and 8th Amendment rights. While plaintiff argued that defendant’s ordinance was preempted by Ill. statute that outlawed same conduct, record showed that defendant non-suited administrative proceeding that had resulted in $540 fine for said ordinance violation. As such, Dist. Ct. properly denied plaintiff’s request for issuance of preliminary injunction, since plaintiff had failed to show any irreparable harm, and plaintiff had adequate money damages remedy. Also, plaintiff lacked standing to seek injunctive relief, because: (1) plaintiff was unable to show any injury in fact to support any damages claim; and (2) plaintiff would have to violate Ill. statute of unquestioned validity in order to be subjected to any future injury. Plaintiff also could not establish due process claim, where she could not show any deprivation of property.
Federal 7th Circuit Court
Civil Court
Due Process