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4244 REVIEW GRANTED Since no bond is required of a municipality requesting a preliminary injunction, damages resulting from unjustified issuance of the injunction can be recovered from the municipality by way of an action under the federal Civil Rights Act (42 U.S.C. 1983), even though the municipality acted in good faith and the preliminary injunction was issued by a court before the ordinance that justified it was declared unconstitutional; damages resulting from unjustified issuance of a preliminary injunction against the operation of a business may include profits that the business otherwise legally would have earned while the injunction was in effect.
MANTA v CITY OF SAN BERNARDINO (Unconstitutional Ordinance) 139 CA4 447 [See: 42 USC 1983; Owen v City 445 US 622]
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