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Plaintiff has thus failed to show that any constitutional violation by the Defendant subjected
her to irreparable injury, and has failed to establish a probability of prevailing on the merits. Further,
Plaintiff has failed to carry her burden of persuasion by making a clear showing that any alleged
threatened injuryto Plaintiff, if the preliminaryinjunction is denied, far outweighs the potential harm
to Defendant if injunctive relief ensues. Finally, Plaintiff has failed to carry her burden of persuasion
by making a clear showing that the issuance of a preliminary injunction at this stage of the
proceedings will not disserve the public interest. Issuance of a preliminary injunction would not be
in harmony with the greater public interest of enabling the Defendant to exercise its judgment to
provide essential governance and direction for the public education of students, including Plaintiff.
There being no adequate showing of a genuine entitlement to the equitable powers of this
Court, Defendant respectfully submits that Plaintiff’s Motion for Preliminary Injunction should be
NOW, THEREFORE, Defendants pray that upon a hearing hereof, Plaintiff’s Motion for
a Preliminary Injunction should be denied.
RESPECTFULLY SUBMITTED this the 19th day of March, 2010.
GRIFFITH & GRIFFITH
Ben Griffith Benjamin E. Griffith, MSB #5026
3See generally Palmer v. Thompson, 403 U.S. 17, 225 (1971)(Black, J.). (“[T]here is an element of futility to invalidate a law because of the bad motives of its supporters. If the law is struck down for this reason, rather than because of its facial content or effect, it would presumably be valid as soon as the ... relevant governing body repassed it for different reasons.”).