Louisiana Record

Sunday, December 15, 2019

Man loses request for preliminary injunction in case claiming New Orleans conspires to remove poor African Americans

Lawsuits

By Charmaine Little | Nov 29, 2019

General court 07

A federal court tossed a New Orleans man's request for preliminary injunction after he accused the city and related entities of trying to boot out African Americans and “make room for $ people.” 

The motion was ruled upon in the U.S. District Court for the Eastern District of Louisiana on Oct. 18.

Milton Armstead III filed the civil action against the City of New Orleans, the Sewage & Water Board of New Orleans and Entergy New Orleans LLC, claiming his civil rights were violated as the defendants allegedly devised a plan to kick African Americans out of New Orleans and put in richer residents. He said the only reason he didn’t file against the landlord was because he was afraid he’d get evicted.

“Plaintiff is not entitled to the injunctive relief he seeks,” wrote U.S. District Judge Greg Gerard Guidry. He determined that the plaintiff’s request could be tossed out without an evidentiary heareing. The court also determined Armstead did not show any likelihood or authority that he’ll win his claims. He also did not show any threat of irreparable injury if the injunction isn’t granted, and his claim of monetary injury by his rent being raised isn’t enough to prove that he would be at risk of irreparable harm. The only damage that he said he would suffer is not being able to save to buy a home.

“Because plaintiff does not specify any injury he may suffer other than monetary harm, he has failed to meet his burden of showing a substantial threat of irreparable injury,” Guidry wrote.

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U.S. District Court for the Eastern District of Louisiana

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