the United States from providing security in some circumstances

E397870

The United States from providing security in some circumstances refers to the federal government’s special procedural status under Rule 65, which relieves it from posting a security bond when seeking certain court-ordered injunctions.

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How this entity was disambiguated

Statements (30)

Predicate Object
instanceOf federal procedural doctrine
litigation privilege
appliesTo United States government
surface form: United States federal government

federal agencies
federal officers sued in their official capacity
appliesWhen a federal officer or agency seeks an injunction in an official capacity
the United States is a party seeking injunctive relief
basedOn Rule 65
surface form: Federal Rule of Civil Procedure 65(c)
codifiedIn United States Federal Rules of Civil Procedure
surface form: Federal Rules of Civil Procedure
conditionedBy Rule 65(c) language "no security is required of the United States"
court’s equitable discretion
distinguishedFrom private litigants’ obligation to post security under Rule 65(c)
doesNotRequire posting of a monetary bond
showing of ability to pay damages secured by a bond
interpretedBy United States courts of appeals
surface form: United States Courts of Appeals

United States district courts
surface form: United States District Courts
jurisdiction U.S. federal courts
surface form: United States federal courts
legalEffect allows injunctions to issue without security in specified cases
relieves the United States from posting a security bond
purpose to avoid hindering federal enforcement actions with bond requirements
to reflect that the United States is presumed able to satisfy any resulting obligations without a bond
rationale facilitates enforcement of federal law through government-initiated injunctions
protects the public fisc from bond requirements
recognizes the sovereign credit of the United States
relatedTo equitable remedies in federal courts
public interest litigation by the federal government
sovereign immunity doctrines
scope preliminary injunctions
temporary restraining orders
timePeriod modern federal civil procedure era after adoption of the Federal Rules of Civil Procedure

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Rule 65 exempts the United States from providing security in some circumstances