Wigginss v. Baldwin

          MEMORANDUM AND ORDER

          HERNDON, District Judge

         Introduction & Background

         This matter comes before the Court on the Report and Recommendation (“Report”) of Magistrate Judge Donald G. Wilkerson (Doc. 58). The Report recommends that the Court deny plaintiff Malcom Wiggins’ motion for preliminary injunction (Doc. 8). Wiggins has objected to the Report. (Doc. 64). Based on the applicable law, the record and the following, the Court ADOPTS the Report (Doc. 58) in its entirety, and denies the motion for preliminary injunction (Doc. 8).

         Plaintiff Malcom Wiggins brought this pro se action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. The Court screened Wiggins’ complaint pursuant to 28 U.S.C. §1915A the following claims were allowed to proceed:

Count One: John Doe used excessive force on Plaintiff when he cuffed his hands too tightly, causing injury in violation of the Eighth Amendment;

Count Two: Doe and Unknown Orange Crush Member conducted an unreasonable strip search of Plaintiff when they conducted it in a humiliating manner, in violation of the Eighth Amendment;

Count Three: Dennison and Yurkovich had a custom or practice of directing and/or condoning strip searches and/or shakedowns conducted in an unreasonable manner in violation of the Eighth Amendment; and

Count Four: David, Apostle, and Pittayathihan were deliberately indifferent to Plaintiff’s serious medical needs when they delayed treating him after he suffered injuries during the shakedown and persisted in a course of medical treatment after it proved ineffective in violation of the Eighth Amendment.

         Thereafter, on July 10, 2017, Wiggins filed the pending motion for preliminary injunction (Doc. 8), in which he requests the following injunctive relief:

1. Plaintiff seeks to be permanently housed on the lower level of any housing unit and to be issued a permanent “low bunk” permit due to having a bone protruding out of his skin due to his Orange Crush injury;

2. Plaintiff seeks front-cuff permits “until surgery is done”; and

3. Plaintiff asks the Court to order Defendants to immediately order an MRI and refer him to be seen by a specialist to determine why he is in constant severe pain.

         Wiggins also included a “memorandum of law” with the aforementioned motion that is styled as a complaint. That memorandum names as defendants Justin Hammers, Warden of Illinois River, Mark Pirtle, Assistant Warden of Programs at Illinois River, Healthcare Administrator Jane Doe, Nurse Practitioner Bridget Doe, and Medical Director Dr. K. Osmundson. Wiggins specifically alleges that he is being targeted by correctional officers and healthcare staff and will suffer imminent injury due to the illegal acts of the prison staff. Plaintiff fails to articulate how the staff is targeting him or what imminent injury he is facing. Plaintiff, however, indicates that this case presents extraordinary circumstances and he cannot wait to exhaust his administrative remedies.

         In support of his motion, Wiggins also filed multiple declarations (Docs. 34-35, 38-42), in which he asserts that he is an asthmatic and is only receiving a new inhaler once every six months. Plaintiff seeks a preliminary injunction so that he may receive a new inhaler every thirty days. Defendants Baldwin and Dennison opposed Wiggins’ motion for preliminary injunction requesting that it be denied on the basis ...