Los Angeles Unified School District v. United States District Court for the Central District of California

dissenting:

On March 16, 1981, the Los Angeles School Board issued a directive requiring cessation of busing as of April 20 within the Los Angeles City School system. Plaintiff NAACP organizations filed an action in the Central District of California against the Los Angeles City School Board, challenging the Board’s Order.

On April 17, the district judge granted plaintiffs’ request for a temporary restraining order to maintain the status quo with respect to busing for ten days. The purpose of this order was to forestall irremediable change pending a hearing on the propriety of granting a preliminary injunction.

The next day, Saturday, April 18, the Board filed with this court a petition for a writ of mandate staying operation of the restraining order. My brethren granted that writ on the grounds of collateral estoppel and abstention. 1

I dissent. My review of the record has convinced me that plaintiffs satisfied the burden of showing the elements necessary for the granting of a temporary restraining order, that collateral estoppel plays no role in this case and even if it did there is a separate adequate basis for affirming, and finally that abstention is inappropriate in the…