Kimberly Johnson v. Kentucky Department of Education, et al.

Summary

The United States District Court for the Eastern District of Kentucky denied Dr. Kimberly Johnson’s motion for a temporary restraining order seeking to prevent the Kentucky Education Professional Standards Board from issuing or enforcing a final professional sanction. The court concluded that Johnson had not satisfied the notice and irreparable-harm requirements of Federal Rule of Civil Procedure 65 and that Younger abstention counseled against federal interference with the ongoing state administrative proceedings.

Holdings

1. The court could not issue a temporary restraining order without notice because Johnson did not provide the certification required by Rule 65(b)(1)(B) concerning efforts to give notice and reasons notice should not be required.
2. Younger abstention counseled against federal interference with the ongoing EPSB proceedings because the proceedings were ongoing, implicated important state interests in professional licensure, and provided Johnson an adequate opportunity to raise constitutional claims.
3. Johnson failed to demonstrate immediate and irreparable harm warranting a temporary restraining order, and the requested order would not remedy her alleged injury.

Questions Presented

1. Whether Johnson satisfied Federal Rule of Civil Procedure 65(b)(1) so that the court could issue a temporary restraining order without notice.
2. Whether Younger abstention precluded federal interference with the ongoing Kentucky administrative proceedings.
3. Whether Johnson demonstrated immediate and irreparable harm that could be remedied by a temporary restraining order.

Disposition

other