May 27, 2011 1 Comment
I filed today a Notice of Appeal in US District Court, as well as a motion for a preliminary injunction in the US Court of Appeals for the 11th Circuit. The appeal is of the decision to dismiss the case for lack of jurisdiction, and will ask the court (when I file my opening brief) to reverse the ruling that my complaint can’t be heard in District Court and remand back to the original judge.
I’m quite excited about the appeal generally, but particularly the preliminary injunction. Back when I filed in District Court on 11/16/2010, I also filed a preliminary injunction, but the core of the argument was never heard because everything was clouded by this issue of jurisdiction. Here in the circuit court, I shouldn’t have that problem. If the court decides that I was right and the District Court did have jurisdiction, the Circuit Court can issue the injunction under its appellate jurisdiction. If the court decides that I was wrong and the District Court does not have jurisdiction, it’s the Circuit Court that has original jurisdiction. Either way, the court can issue a preliminary injunction, and finally a court will consider the constitutionality of nude body scanners and molestation pat-downs.
I haven’t yet been assigned a Circuit Court case number (the District Court now sends my Notice of Appeal to the Circuit Court, and when they process that, I’ll get a case number), but I’ll post that along with my opening brief within the next couple of weeks.