Edward Zimbelman v. Southern Nevada Regional Housing Authority

MEMORANDUM

Edward Zimbelman is a convicted sex offender subject to a lifetime registration requirement. He disclosed this fact on his application to federally-assisted housing and was admitted. The housing authority is now trying to evict Zimbelman because he is a registered sex offender. Zimbel-man sued the housing authority under 42 U.S.C. § 1983 and asked the district court to preliminarily enjoin the housing authority from evicting him. The district court refused, and Zimbelman appeals. We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we review the district court’s decision for abuse of discretion. See Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1157 (9th Cir.2007).

“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, 555 U.S. 7, 20 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008).

Federal law prohibits an owner of federally-assisted housing from renting to convicted sex offenders who are. subject to…