United States District Court, S.D. Illinois
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 ...