NAACP v. TINDELL

No. 23-60647.

90 F.4th 419 (2024)

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NAACP; Mississippi State Conference of the National Association for the Advancement of Colored People, Mississippi NAACP; Jackson City Branch of the NAACP, Jackson NAACP; Derrick Johnson; Frank Figgers; Charles Taylor; Markyel Pittman; Charles Jones; Nsombi Lambright-Haynes, Plaintiffs-Appellants, v. Sean TINDELL, in his official capacity as Commissioner of Public Safety; Bo Luckey, in his official capacity as Chief of the Mississippi Department of Public Safety Office of Capitol Police; Lynn Fitch, in her official capacity as Attorney General of the State of Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 4, 2024.


Attorney(s) appearing for the Case

Brenden J. Cline , Mark H. Lynch , Covington & Burling, L.L.P., Washington, DC, Carroll E. Rhodes, Esq. , Attorney, Law Offices of Carroll Rhodes, Hazlehurst, MS, for Plaintiff-Appellant National Association for the Advancement of Colored People, NAACP.

Mark H. Lynch , Covington & Burling, L.L.P., Washington, DC, Carroll E. Rhodes, Esq. , Attorney, Law Offices of Carroll Rhodes, Hazlehurst, MS, for Plaintiffs-Appellants Mississippi State Conference of the National Association for the Advancement of Colored People, Mississippi NAACP, Jackson City Branch of the NAACP, Jackson NAACP, Derrick Johnson, Frank Figgers, Charles Taylor, Markyel Pittman, Charles Jones, Nsombi Lambright-Haynes.

Justin Lee Matheny, Esq. , Rex Morris Shannon, III, Esq. , Mississippi Attorney General's Office, Jackson, MS, for Defendants-Appellees Sean Tindell, in his official capacity as Commissioner of Public Safety, Bo Luckey, in his official. capacity as Chief of the Mississippi Department of Public Safety Office of Capitol Police, Lynn Fitch, in her official capacity as Attorney General of the State of Mississippi.

Mark A. Nelson , Ned Andrew Nelson , Attorney, Nelson Law P.L.L.C., Hattiesburg, MS, for Defendant-Appellee Michael K. Randolph, in his official capacity as Chief Justice of the Mississippi Supreme Court.

Before Smith, Elrod, and Engelhardt, Circuit Judges.


The NAACP and other individuals and interest groups (collectively "plaintiffs") sued several Mississippi public officials, seeking injunctive and declaratory relief. This appeal concerns plaintiffs' emergency motions for an injunction pending appeal of the district court's denial of a preliminary injunction. For the reasons that follow, both...

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