UNITED STATES of America, Plaintiff-Appellant, v. CITY OF LOS ANGELES Et Al., Defendants-Appellees

The Government appeals from an order enjoining the United States from pursuing any administrative action or investigation regarding employment discrimination by the Los Angeles Police Department (“LAPD”), from terminating any funds to the City of Los Angeles (“City”) because of personnel practices of the LAPD, and from failing to grant any request by the City for federal funding because of allegations of employment discrimination by the LAPD. We hold that the City did not carry its burden of demonstrating facts entitling it to “preliminary relief” within the meaning of the Omnibus Crime Control and Safe Streets Act of 1968 (“Safe Streets Act,” 42 U.S.C. § 3766 (c)(2)(E)) because the City did not meet even the minimal standards for obtaining injunctive relief, and we vacate the injunction.

On June 2, 1977, the United States filed this action charging the LAPD with a pattern and practice of employment discrimination against blacks, women, and Spanishsurnamed persons. The complaint alleged violations of Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq., as amended), the State and Local Fiscal Assistance Act of 1972 (“Revenue Sharing Act,” 31 U.S.C. § 1242 , as…