Turiano v. Phoenix, City of et al, No. 2:2021cv01428 - Document 55 (D. Ariz. 2022)

Court Description: ORDER granting 10 Motion for Preliminary Injunction and enjoining Defendant the City of Phoenix and its officers, agents, employees, attorneys, and all other persons or entities in active concert or participation with them, for the duration of t his action, from pursuing administrative, investigative, or disciplinary proceedings against Plaintiff Christopher Turiano based on his refusal to consent to a search of his personal cell phone data that was imaged in 2018 and is being held by third-party vendor D4 LLC. Signed by Judge Michael T Liburdi on 2/4/22. (SJF)

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Dockets.Justia.com WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PRELIMINARY INJUNCTION I. INTRODUCTION A. Turiano v. Phoenix, City of et al Factual Background Doc. 55 Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. B. Procedural Background See Id. see II. LEGAL STANDARD Winter v. Nat. Res. Def. Council, Inc. Am. Trucking Ass’ns, Inc. v. City of Los Angeles Winter Winter Offshore, Inc. v. Greenpeace, Inc. Shell All. for the Wild Rockies v. Cottrell III. DISCUSSION A. Likelihood of Success on the Merits 1. Governing Law See See City of Ontario v. Quon Id. Skinner v. Ry. Lab. Execs.’ Ass’n see also New Jersey v. T.L.O. Marshall v. Barlow’s Inc. See Nat’l Treasury Emps. Union v. Von Raab O’Connor v. Ortega O’Connor See id. id. id. Id. id. see Quon Id. Id. O’Connor Id. Quon O’Connor Id. But cf. id. Id. O’Connor Quon See Marks v. United States see, e.g. Cf. Quon O’Connor 2. Reasonable Expectation of Privacy O’Connor Id. Id. United States v. Jacobsen Katz v. United States O’Connor Id. Id. See Vega-Rodriguez v. P.R. Tel. Co. O’Connor See O’Connor See Riley v. California see, e.g. Quon United States v. Gonzalez United States v. Broadus Am. Postal Workers Union v. USPS used to conduct City business Id. see Id. Id. Id. Id. Cf. O’Connor v. Slanina United States Leventhal v. Knapek United States v. Taketa Port Auth. Police Benevolent Ass’n v. Port Auth. of New York & New Jersey 3. Applicability of the Workplace Exception O’Connor O’Connor See, e.g. Riley government-issued personal Larios v. Lunardi O’Connor Carpenter v. United States see Quon But cf. Larios v. Lunardi, O’Connor O’Connor See, e.g. Sabin v. Miller O’Connor Id. Id. O’Connor Id. See James v. Hampton O’Connor Nat’l Ass’n of Letter Carriers v. USPS Sabin See Port Auth. Police Benevolent Ass’n Zimmerman v. Knight aff’d sub nom. Lazar v. Knight O’Connor O’Connor Id. more Riley See Carpenter Riley see also Riley O’Connor 4. Standard of Reasonableness O’Connor Id. Id. Terry v. Ohio Id. T.L.O. Id. United States v. Sokolow Terry Id. Illinois v. Gates Id. United States v. Cortez Id. see, e.g. United States v. Arvizu Id. Id. O’Connor see Sokolow Terry see Sokolow see Terry Sokolow Id. O’Connor See O’Connor T.L.O. T.L.O. United States v. Martinez-Fuerte Id. See Riley See O’Connor B. Irreparable Harm Winter Ariz. Dream Act Coal. v. Brewer See Sampson v. Murray See Crawford-El v. Britton Pickering v. Board of Educ. Melendres v. Arpaio Elrod v. Burns see also Collins v. Brewer Nelson v. NASA rev’d on other grounds Cf. Stormans, Inc. v. Selecky C. Nelson Balance of Hardships and Public Interest Winter Earth Island Inst. v. Carlton Winter Amoco Prod. Co. v. Vill. of Gambell See Nelson Id. Sammartano v. First Jud. Dist. Ct. always Melendres see also Ariz. Dream Act Coal. D. Bond if any Johnson v. Couturier Jorgensen v. Cassiday Id. IV. CONCLUSION IT IS ORDERED granting IT IS FURTHER ORDERED enjoining

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