United States Second Circuit

Denial of a preliminary injunction for defendants' alleged violation of the Ryan White Comprehensive AIDS Resources Emergency Act, arising from a reduction in federal funding to plaintiffs, is reversed and remanded where: 1) plaintiff had shown a sufficient likelihood of success on the merits; and 2) a finding of irreparable harm was not a dispositive issue.

Appellate Information

• Decided 04/25/2008
• Published 04/25/2008

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before: WALKER, CALABRESI, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Peter J. Clines, Deputy County Attorney (Lorna G. Goodman, County Attorney, on the brief), Mineola, N.Y., for Plaintiffs-Appellants.


• For Appellees:
  
• Thomas A. McFarland, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, of counsel on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, New York, N.Y., for Defendants-Appellees.