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

Summary

The United States District Court for the Eastern District of Kentucky denied Kimberly Johnson’s emergency motion for reconsideration of the denial of her motion for a temporary restraining order. The court held that Federal Rule of Civil Procedure 59(e) did not provide relief from the interlocutory order and that Johnson had not shown a factual or legal error warranting relief under Rule 60(b)(1), including because the state administrative disciplinary process remained ongoing and the alleged harm was speculative.

Holdings

1. Rule 59(e) does not provide a mechanism for relief from an interlocutory, nonappealable order, including an order denying a temporary restraining order.
2. Johnson was not entitled to relief under Rule 60(b)(1) because the Court made no factual or legal error that affected its denial of the temporary restraining order.

Questions Presented

1. Whether Rule 59(e) provides a mechanism for reconsideration of an interlocutory, nonappealable order denying a temporary restraining order.
2. Whether Johnson was entitled to relief under Rule 60(b)(1) based on an alleged factual or legal error concerning the recommended revocation of her professional certificates.

Disposition

other