Gabriel et al v. Fischer et al, No. 1:2008cv02460 - Document 54 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER: Based on this record, the Court accepts that plaintiffs have demonstrated irreparable harm if the relief they seek is not granted. Nonetheless, plaintiffs have shown neither a clear likelihood of success-nor even a simple likelihoo d of success--on the merits of their claims for injunctive relief because they cannot bring these claims pursuant to 42 U.S.C. § 1983. Plaintiffs' motions for injunctive relief and for certification of an injunctive class are therefore denied. (Signed by Judge Sidney H. Stein on 3/31/2010) (jpo)