Opinion

Chalk v. United States District Court Central District of California

  • 840 F.2d 701
  • 1 Am. Disabilities Cas. (BNA) 1210
  • 45 Empl. Prac. Dec. (CCH) 37,782
  • 46 Fair Empl. Prac. Cas. (BNA) 279
  • 1988 U.S. App. LEXIS 19520
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 26, 1988
Status
Published
Author
Sneed
On the bench
Poole, Skopil, Sneed
Cited by
12 cases

finding that deprivation of opportunity to teach children, a source of personal satisfaction and joy to the plaintiff, was a cognizable non-compensable psychological injury sufficient to constitute irreparable harm

How later courts described this case

  • finding that deprivation of opportunity to teach children, a source of personal satisfaction and joy to the plaintiff, was a cognizable non-compensable psychological injury sufficient to constitute irreparable harm
  • holding that the contents of the mail- in Federal Form are prescribed partly by statute and otherwise entrusted to the administrative judgment of the EAC, a federal agency
  • emotional and psychological injury caused by deprivation of personal satisfaction in job was proper consideration in determining whether irreparable harm existed since such loss cannot be adequately compensated by a monetary award
  • irreparable injury found to AIDS-infected teacher transferred from teaching position to writing grant proposals, because removal from classroom deprived him of a sense of well-being

Written by the judges who cited it.

The opinion

SNEED, Circuit Judge,

concurring separately:

I concur in Judge Poole’s opinion. Confronted with some uncertainties about scientific truth, judges, perhaps above all others, should act on the basis of that which is known, or, where this is not possible, on the basis of that which those best qualified to speak say is known. Judge Poole has set out clearly what those best qualified say they know, and we have no choice but to accept their version of the truth. We can neither await ultimate validation nor reject their version on the basis of our awareness that the truths of medical science are frequently revised in the light of new data.

No doubt the possible catastrophic consequences of a substantial alteration of the current truth unduly influenced the district judge. His calculus was impermissibly flawed, however. Chalk, on the basis of current, and perhaps permanent, truth, demonstrated high probability of success, and on the basis of the same truth showed that the balance of hardships tipped sharply in his favor. This was his burden and he successfully carried it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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