United States District Court, S.D. Illinois
RODERICK T. ALLEN, #N94327, Plaintiff,
UNIDENTIFIED PERSON, DR. BUTALID, SHARON McGLORN, DR. SIDDIQUI, and WARDEN J. LASHBROOKE, Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN Chief Judge United States District Court
Roderick Allen, an inmate who is incarcerated at Menard
Correctional Center (“Menard”), is currently
subject to a filing restriction imposed pursuant to
Support Sys. Int'l, Inc. v. Mack, 45 F.3d 185
(7th Cir. 1995). See Allen v. Engelage, No.
15-cv-00175-MJR (S.D. Ill.) (Doc. 15). On September 7, 2017,
Plaintiff filed a motion seeking leave to bring a new case in
this District, in order to address his claim of excessive
weight loss. Id. (Doc. 20). The Court granted his
motion out of an abundance of caution and allowed him to file
the instant civil rights action pursuant to 42 U.S.C. §
1983, in order to address a Motion for Temporary Restraining
Order (“TRO”) and Preliminary Injunction
(“Motion for TRO”) (Doc. 2). Because Plaintiff
seeks a TRO, the Court will immediately review this matter.
See Wheeler v. Wexford Health Sources, Inc., 689
F.3d 680 (7th Cir. 2012).
Motion for TRO (Doc. 2) and Complaint (Doc. 1), Plaintiff
alleges that he has suffered from significant weight loss
since he received a tuberculosis (TB) skin test on February
26, 2010. (Doc. 1, p. 5; Doc. 2, pp. 1, 5, 10). Plaintiff
believes that he was exposed to some unidentified noxious
substance or “destructive . . . chemical
[re]action” during the test that caused him to become
ill. Id. His body weight “immediately began to
drop, and his physical appearance began to
deteriorate.” Id. Plaintiff estimates that his
weight was around 165 pounds in 2010 and has since decreased
to approximately 120 pounds. Id. He assures the
Court that he has not been on a hunger strike in recent
years and eats all food that is served to him.
(Doc. 1, pp. 6, 29; Doc. 2, p. 2). Menard officials refuse to
acknowledge any problem with Plaintiff's weight or
health, so he now asks the Court to intervene. (Doc. 1, pp.
6, 9; Doc. 2, pp. 2, 6).
specifically seeks a medical evaluation and treatment that
includes a urine test. (Doc. 1, pp. 7, 13-14; Doc. 2, pp. 3,
6). Plaintiff also requests thermal underwear, toothpaste,
and toothbrushes, for no stated reason. (Doc. 1, pp. 13-14;
Doc. 2, p. 3). Most importantly, he seeks the following diet
tailored to his perceived need for increased nourishment:
(a) In addition to one full-portion regular food tray at each
meal provide on a separate Styrofoam tray: four servings of
the protein component of the meal at lunch and dinner; one
serving of vegetable or lettuce, one serving of can/fresh
fruit, and, four pieces of bread. When baked/fried chicken is
served provide three servings. However, no pork is to be
provided, and no deep-fried meats [chicken nuggets, chicken
patty, or fish patty]. Instead provide four servings of some
other protein [tuna fish, hot dogs, turkey (patty or ground),
(b) Beverage served at each meal: Two milks at breakfast (one
milk is eight ounces), three milks at lunch, and two juices
at dinner (one juice of four ounces).
(Doc. 1, pp. 13-14; Doc. 2, p. 2). Finally, because he is
concerned that his physical appearance makes him more
susceptible to an assault,  he would like to work on strength
training and, to this end, requests a pair of running shoes
and isolated outdoor exercise for “intense outdoor
running, ” which allegedly had a “very positive
effect on [his] physical appearance” following the 2010
TB skin test. (Doc. 1, pp. 11, 13-14; Doc. 2, pp. 3, 7). In
the Complaint, Plaintiff seeks the same relief, as well as
money damages. (Doc. 1, pp. 13-14).
is an order issued without notice to the party to be
enjoined, and it may last no more than fourteen days.
See Fed. R. Civ. P. 65(b)(2). A TRO may issue only
if “specific facts in an affidavit or a verified
complaint clearly show that immediate or irreparable injury,
loss, or damage will result to the movant before the adverse
party can be heard in opposition.” Fed.R.Civ.P.
65(b)(1)(A). Such injunctive relief is also warranted
“to prevent a substantial risk of serious injury from
ripening into actual harm.” Farmer v. Brennan,
511 U.S. 825, 845 (1994).
preliminary injunction is issued only after the adverse party
is given notice and an opportunity to oppose the motion.
See Fed. R. Civ. P. 65(a)(1). To obtain preliminary
injunctive relief, Plaintiff must demonstrate that (1) he
will suffer irreparable harm without the relief; (2) his
underlying case has some likelihood of success on the merits;
and (3) no adequate remedy at law exists. Merritte v.
Kessel, 561 F. App'x 546, 548 (7th Cir. 2014)
(citing Woods v. Buss, 496 F.3d 620, 622 (7th Cir.
2007)). If those three factors are shown, the court then must
balance the harm to each party and to the public interest
from granting or denying the injunction. Id.
(citations omitted). Plaintiff's request for injunctive
relief is not supported by the allegations in his Motion for
TRO, Complaint, or exhibits.
no specific facts suggest that Plaintiff will suffer
immediate or irreparable injury, loss, or damage without
immediate relief. He describes weight loss that has occurred
over the course of seven years and was most dramatic in 2010.
(Docs. 1-2). He describes no sudden change in his weight
since 2014 and instead alleges that it has gradually
decreased by an estimated thirteen- to twenty- pounds in
three years. (Doc. 1, p. 30; Doc. 2, p. 1).
Plaintiff's low weight is concerning. At the same time,
Plaintiff admits that he has always been thin. (Doc. 1, p. 6;
Doc. 2, p. 5). He does not indicate how tall he is. (Docs.
1-2). He also does not describe a sudden decline in his
weight in recent months. Id.
his weight loss is unverified. Plaintiff admits that he does
not actually know how much he weighs. This is because he will
not allow prison officials to weigh him, take his vital
signs, or treat him. (Doc. 1, pp. 8, 20-22). Plaintiff
believes that they will only falsify his medical records.
(Doc. 1, pp. 7, 30; Doc. 2, p. 7). Exhibits accompanying the
Complaint document numerous instances since 2014 when
Plaintiff has refused offers by medical staff to weigh him,
take his vital signs, or treat him. (Doc. 1, pp. 20-22,
25-26). In a Declaration, Plaintiff confirms this. (Doc. 1,
p. 30). Further, he offers no other information, such as
detailed descriptions of his deteriorating appearance, loose
clothing, etc., to support his claim of excessive weight loss
identifies no specific medical problems or symptoms that have
coincided with his weight loss. (Docs. 1-2). He refers to
“serious short and long term health problems” in
the Motion for TRO. (Doc. 2, p. 3). However, he describes
none in his pleadings. (Docs. 1-2). His request for a urine
test might suggest that he has some quantifiable health
problem, but he includes the results of two urine tests from
2014 and 2016 that were both normal. (Doc. 1, pp. 24, 33).
Similarly, he suggests that intense, isolated outdoor running
will help with strength training, but he makes no claim that
he has been denied exercise opportunities. ...