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Case 1:10-cv-00061-GHD-JAD

Document 22

Filed 03/19/2010

Page 8 of 10

local schools and provide and manage a public education program for all students, including

Plaintiff. Moreover, the unseemly spectre of an Article III Court entering into the minutiae of

deciding whether, then, how, and under what circumstances to hold a prom would immerse the

Court in an endless morass of managing the details, timing and content of a social function for

high school students.

(4) Public Interest is Expressed in the Will of the Legislature.

The Defendant District has withdrawn sponsorship of a social event pursuant to the statutory

authorization afforded the District by the Mississippi Legislature. The public has elected the to

efficiently manage public education. Clearly, interfering with the ability of the Defendant District

to govern its own schools would undermine its effective management and governance of the public

education of students.

IV. MOOTNESS

The prom has not been cancelled. It will be sponsored by parents of 11th and 12th grade

students and held at the Tupelo Furniture Market. Members of the 11th and 12th grade classes can

still attend the social event. This controversy is moot.

V. CONCLUSION

As noted in Canal Authority, a preliminary injunction is an extraordinary remedy which the

court is reluctant to use except in extreme circumstances. Based on the applicable Canal Authority

factors, such extreme circumstance have not been shown, and Plaintiff cannot carry her cumulative

burden of persuasion, which requires that she make a clear showing of each of the four Canal

Authority factors justifying entitlement to preliminary injunctive relief. Plaintiff has failed to show

a violation of Plaintiff’s First Amendment rights and can establish no constitutional deprivation in

this case, which for purposes of the instant motion involves a decision to withdraw sponsorship of

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