This is an appeal in forma pauperis from an interlocutory order denying appellant's motion for a preliminary injunction. Appellant is a nineteen year old unwed mother of a three year old child. The jurisdiction of the federal courts was invoked under 28 U.S.C. §§ 1331 and 1343
In conjunction with her damage suit, which is still pending in the trial court, appellant filed a petition for a preliminary injunction, enjoining appellees from "* * * violating the civil rights of Tilda Dronet by acts designed to coerce her into surrender of custody and control of her child, including arrest, imprisonment, the filing and prosecution of criminal charges, threats and intimidation, and that, in due course, a permanent injunction issue to the same effect."
The trial court heard evidence in support of the prayer for preliminary injunction, and after hearing all of appellant's evidence and declining to hear evidence on behalf of the appellees, denied the requested relief. The testimony in substance reveals a dispute over the custody of appellant's child. It appears that appellant was originally a resident of New Iberia Parish, from whence she removed to a neighboring parish, accompanied by her child. Appellant's father made complaint to the New Iberia Parish officials that the child was being neglected, the sheriff's deputies of New Iberia Parish made one or more sallies into the parish in which appellant was then located, and appellant was by some means persuaded to return to New Iberia Parish, where she was lodged in the jail. While in jail, she was induced to agree to surrender her child for adoption, and she was taken to a neighboring parish where the child was picked up and later given over to prospective adoptive parents, in whose hands it is still located. Appellant's version of the facts is that her arrest and incarceration were without warrant; that the deputies arresting and incarcerating her were beyond the bounds of their lawful jurisdiction; that bond was never set during a period of three days in which she was held virtually incommunicado; and further, that she was frightened and abused to the extent that she had no choice but to admit the location of, and surrender, her child. It is upon the claim that she is afraid that the appellees will continue to arrest and imprison her if she attempts to regain custody of the child that her petition for preliminary injunction is based.
We are not concerned, on this appeal, with the merits of appellant's claim for damages. Our sole concern is whether the trial court abused its discretion in refusing to grant the preliminary injunction. Rice & Adams Corp. v. Lathrop, 278 U.S. 509, 49 S.Ct. 220, 73 L. Ed. 480 (1929); Mitchell v. Hodges Contracting Co., 238 F.2d 380 (5th Cir. 1956). The petition was given full consideration, and the district judge fully stated his reasons for denying it. We quote from his ruling refusing the temporary relief requested:
We agree with the reasoning of the district judge, and, finding no abuse of his discretion, affirm his order.
Section 1343: "The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity, secured by the Constitution of the United States or by an Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) * * *."
Section 1985: "(3) If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; * * * in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action, for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators."