Wrongful Injunction Accountability Act
The Wrongful Injunction Accountability Act would hold the party seeking an emergency injunction against the United States financially responsible if the injunction is later found to have been wrongful and the court did not require adequate security or the security posted is insufficient to cover the United States’ costs and damages. Specifically, when a federal TRO or preliminary injunction under Rule 65 is issued against the United States (including its agencies, officers, or employees) and the court does not order security, or orders security that is insufficient to pay the United States’ costs and damages, the movant becomes liable to the United States for those costs and damages. The goal is to ensure taxpayers are reimbursed for costs and damages resulting from wrongful injunctions.
Key Points
- 1Creates a liability pathway for the movant (the party seeking the injunction) to reimburse the United States for costs and damages if an injunction is wrongful and security under Rule 65(c) was not ordered or was insufficient.
- 2Applies specifically to actions under Rule 65 of the Federal Rules of Civil Procedure, which governs temporary restraining orders and preliminary injunctions, and covers actions involving the United States, its agencies, officers, or employees.
- 3The liability is triggered when the court finds the injunction to be wrongful and the required security either was not ordered or was insufficient to cover costs and damages.
- 4The bill shifts some risk from the government to the party seeking emergency relief, potentially encouraging more careful consideration and adequate security for injunctions.
- 5It does not specify a damages cap, method of calculating damages, or procedures for collection, leaving these details to follow-on guidance or court rules.