Case 3:14-cv-00818-CWR-LRA Document 21 Filed 11/10/14 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CAMPAIGN FOR SOUTHERN
EQUALITY, ET AL.
V.

PLAINTIFFS
CIVIL ACTION NO. 3:14cv818-CWR-LRA

PHIL BRYANT, in his official capacity

as Governor of the State of Mississippi,
ET AL.
DEFENDANTS
______________________________________________________________________________
GOVERNOR PHIL BRYANTS AND ATTORNEY GENERAL JIM HOODS
RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR
PRELIMINARY INJUNCTION
______________________________________________________________________________
Defendants Phil Bryant, in his official capacity as Governor of the State of
Mississippi, and Jim Hood, in his official capacity as Mississippi Attorney General,
file this Response in Opposition to Plaintiffs Motion for Preliminary Injunction
[Docket No. 4] and state:
1.

On October 20, 2014, Plaintiffs, the Campaign for Southern Equality,

Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, and Carla Webb (collectively
the Campaign) filed this lawsuit seeking declaratory and injunctive relief against
the Governor, Attorney General (collectively the State Defendants), and the Hinds
County Circuit Clerk and claiming Mississippi Code Section 93-1-1(2) and Article
14, Section 263A of the Mississippi Constitution violate the Fourteenth Amendment
of the United States Constitution. Complaint, Docket No. 1. Simultaneously, the
Campaign filed its instant motion for a preliminary and immediate injunction
constituting full and final relief on the merits of its claims. Plaintiffs Motion,

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Docket No. 4.
2.

The Campaigns motion should be denied for failure to satisfy the four

necessary elements for preliminary injunctive relief. No substantial likelihood of

success on the merits has been shown, no threat of immediate and irreparable
injury has been proven, the balance of potential harms favors the defendants, and
the requested preliminary injunctive relief would disserve the publics interest.
3.

The State Defendants opposition is supported by this Response, their

Memorandum of Authorities submitted contemporaneously with this Response, and

the following exhibits affixed hereto:
EXHIBIT 1:

Order in Walker v. Mississippi, Civil Action No.

3:04cv140-LS (Apr. 11, 2006); and

EXHIBIT 2:

Order in Walker v. Mississippi, Civil Action No.

3:04cv140-LS (July 25, 2006).

FOR THESE REASONS, the State Defendants respectfully request that the
Court enter an order denying the motion for preliminary injunction [Docket No. 4]
in its entirety.
THIS the 10th day of November, 2014.

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Case 3:14-cv-00818-CWR-LRA Document 21 Filed 11/10/14 Page 3 of 3

Respectfully submitted,
PHIL BRYANT, in his official capacity as
Governor of the State of Mississippi, and
JIM HOOD, in his official capacity as
Mississippi Attorney General
BY:

JIM HOOD, ATTORNEY GENERAL

By:

S/Justin L. Matheny
Justin L. Matheny (Bar No. 100754)
Paul E. Barnes (Bar No. 99107)
Office of the Mississippi Attorney General
P.O. Box 220
Jackson, MS 39202
Telephone: (601) 359-3680
Facsimile: (601) 359-2003
jmath@ago.state.ms.us
pbarn@ago.state.ms.us
Counsel for Defendants Phil Bryant, in his
official capacity as Governor of the State of
Mississippi, and Jim Hood, in his official
capacity as Mississippi Attorney General

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has
been filed electronically with the Clerk of Court using the Courts ECF system and
thereby served on all counsel of record who have entered their appearance in this
action.
THIS the 10th day of November, 2014.
S/Justin L. Matheny
Justin L. Matheny

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