To obtain a temporary restraining order (“TRO”), a party must show likelihood of success on the merits, lack of adequate remedy at law, and irreparable harm if the restraining order is not granted. Additionally, they must show that immediate and irreparable injury, loss, or damage would occur before the opposing party can be heard. If these requirements are met, the court must balance the potential harm to the parties and the public interest. In a recent case, a university student sought a TRO to prohibit the school from removing him from student housing.
According to the district court’s memorandum opinion, a senior student, identified as “John Doe,” sued his university in a federal court in Illinois for Title IX, Fair Housing Act, and state law claims. He moved for a temporary restraining order to prohibit the university from requiring him to move out of student housing and banning him from other residence and dining halls for the rest of the school year.
Likelihood of Success
In considering a temporary restraining order, the court must determine if, under the totality of the circumstances, the plaintiff has a likelihood of success on the merits for his Title IX claim. The court focused on the plaintiff’s Title IX claim.