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Jordann v. Lamb

United States District Court, S.D. Illinois

March 1, 2018

PIERRE JORDAN, Plaintiff,
v.
MICHAEL LAMB, et al., Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE UNITED STATES DISTRICT JUDGE.

         Before the Court is Plaintiff's Motion for a Preliminary Injunction and Temporary Restraining Order (Doc. 43)[1]. On February 27, 2017, Plaintiff commenced an action pursuant to 42 U.S.C. § 1983, alleging several constitutional violations which occurred while he was an inmate at Lawrence Correctional Center (Doc. 1). On June 14, 2017, the Court severed Plaintiff's claims into separate actions (Doc. 26).

         Plaintiff is proceeding in this case on one Count against Sgt. Harper:

Count 1: Harper was deliberately indifferent to Plaintiff's medical needs when he refused Plaintiff's request that he help him get medical care on May 26, 2016 for the injuries Plaintiff sustained when inmate Tribble attacked him.

         Plaintiff asks that the preliminary injunction accomplish separate goals than the temporary restraining order (“TRO”). Specifically, Plaintiff moves for a preliminary injunction requiring Warden Lamb and Assistant Warden Brookhart of Lawrence Correctional Center to do the following:

(1) That the Warden of Programs, Dr. Brookhart, and Warden Lamb be enjoined from violating Plaintiff's right to meaningful access to the Court under the First Amendment, and enjoined from permitting subordinates to “allegedly retaliate and engage in a campaign of harassment/retaliation.”
(2) “Cover” his First Amendment Constitutional Rights against “adverse action retaliation campaign of sexual harassment.”
(3) “Cover [his] exercise of my 14th Amendment Constitutional rights to Due Process procedure, and [his] 8th Amendment Constitutional rights against cruel and unusual punishment (retaliatory physical assault)/corporal punishment, and adequate mental health service pursuant to his SMI [“Severely Mentally Ill”] status.”

         Plaintiff requests that the Court enter a TRO with the following goals:

(1) That “Dr. Brookhart, Warden Lamb, Eric Weber, C/O Reid, C/O Lampley, M.H.P. Kelly Gaye, and Lt. Henton (Lawrence C.C. Warden, Assistant Warden, and Prison employees) (J. Bell, C/O Wilson, Pontiac Max C.C. employees), and each of their officers, agents, employers, and all persons acting in concert or participation with them” refrain from inflicting on Plaintiff “'cruel and unusual punishment, ' [and] unnecessary ‘wanton excessive force, ' which has caused [him] ongoing physical and psychological injury.”
(2) Protect Plaintiff from Defendant, Dr. Brookhart, “violating [his] constitutional rights to ‘meaningful access to the courts, ' and against ‘adverse action retaliation.'”
(3) Restrain ARB Chairperson Sherry Benton “from violating [Plaintiff's] 14th Amendment.”

         Discussion

         “A court issues a preliminary injunction in a lawsuit to preserve the status quo and prevent irreparable harm until the court has an opportunity to rule on the lawsuit's merits.” Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994). “Thus, a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint.” Id. “[A] District Court does not have jurisdiction to award a preliminary injunction for an injury unrelated to any cause of action found in the complaint.” Johnson v. City of Rock Island, Ill., 2012 WL 5425605, at *2 (C.D. Ill. 2012) (citing ...


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