LAUTENBAUGH v. NEBRASKA STATE BAR ASSOCIATION

PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND BRIEF IN SUPPORT

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Plaintiff Scott Lautenbaugh seeks preliminary injunctive relief to redress and prevent further deprivation of rights protected by the First and Fourteenth Amendments to the United States Constitution by actions of Defendants. Specifically, Plaintiff Lautenbaugh seek to enjoin actions by the NSBA, under color of state law, that compel speech and compel association by Plaintiff Lautenbaugh and the other class members he seeks to represent. The NSBA?’s unlawful actions are the result of the NSBA?’s imposition of mandatory bar dues as a condition of membership to the NSBA, a portion of which are used to fund political, ideological, and other non-germane activities (?“non-chargeable activities?”) which Plaintiff Lautenbaugh and other class members do not support. The NSBA fails to provide constitutionally required procedural protections to safeguard Plaintiff Lautenbaugh?’s and other class members?’ First and Fourteenth Amendment rights. Plaintiff Lautenbaugh therefore seeks injunctive relief to enjoin the NSBA?’s unconstitutional actions.

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Published In: Civil Rights Updates, Constitutional Law Updates, Labor & Employment Updates, Professional Practice Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 8th Circuit, Nebraska | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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