i UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KEVIN KELLER e t al .,Plaintiffs, -vs- CITY OF MT. HEALTHY, OHIO, Defendants. : : : : : : : : : : Case No. 1:14-CV-271 Judge Susan J. DlottMOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION OF MT. HEALTHY RENTAL PERMIT PROGRAM AND MEMORANDUM IN SUPPORT THEREOF Plaintiffs Kevin Keller and Bryan Keller, Vincent and Marilyn Evers, and K&T Homes LTD hereby move, pursuant to Federal Rule of Civil Procedure 65(b), for issuance of a temporary restraining order and preliminary injunction enjoining enforcement of the unconstitutional Mt. Healthy Rental Permit Program insofar as it (1) mandates warrantless home inspections without probable cause; (2) criminally and financially punishes homeowners who assert their Fourth Amendment rights to be free from such searches; and (3) fails to amount to a regu latory scheme suff icient to permit the attain ment of a warrant. Both the warrantless search requirement and Defendant's threat to enforce it threaten to deprive Plaintiffs of their clearly-established constitutional rights to be free from warrantless criminal searches of their houses and to be free from punishment f or assertion of their Fourth A mendment r ights. If Defendant’s enforcement of the prohibition is not immediately enjoined, at least some of the Plaintiffs will suffer irreparable harm for which there is no adequate remedy at law, including but not limited to criminal punishment solely as a result of refusing consent to an unlawful warrantless search. Pursuant to Local Rule 7.2(a)(1), this Motion is accompanied by a Memorandum in Support. Case: 1:14-cv-00271-SJD Doc #: 2 Filed: 04/03/14 Page: 1 of 36 PAGEID #: 28
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Motion for TRO and Preliminary Injunction, Keller v. City of Mt. Healthy
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8/12/2019 Motion for TRO and Preliminary Injunction, Keller v. City of Mt. Healthy