United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. Yandle, United States District Judge.
Deandre Bradley is an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Menard Correctional Center (“Menard”). The
instant case was severed from Bradley v. Wexford, Inc.,
et al., No. 19-cv-00733-NJR on July 11, 2019. (Doc. 1).
It contains the claim designated as Count 10 in the original
case, described as follows:
Count 10: Eighth Amendment deliberate
indifference claim against Wexford, John Doe #1, and Skidmore
related to his wheelchair and seat cushion issues.
severed action also includes that portion of Plaintiff's
request for a Temporary Restraining Order (“TRO”)
and/or Preliminary Injunction pertaining to the claim at
issue in Count 10.
Plaintiff asks to be seen by a wheelchair specialist, to have
a new wheelchair and cushion purchased, and to “be
fitted and prescribed a wheelchair.” (Docs. 2 and 3).
Because Plaintiff seeks a TRO, the Court will consider this
request without delay. Wheeler v. Wexford Health Sources,
Inc., 689 F.3d 680 (7th Cir. 2012).
alleges that he is a paraplegic and cannot walk. He must use
a wheelchair and suffers from pressure sores. Plaintiff seeks
a new wheelchair and seat cushion. He has advised Menard
officials of his needs and they have refused to accommodate
him. His current wheelchair is large and heavy and he is
unable to propel it on his own. It is dangerous to his
pre-existing conditions which include hypertension and
asthma. He needs a specialized seat cushion in his wheelchair
to prevent pain and pressure sores.
is an order issued without notice to the party to be
enjoined, and it may last no more than fourteen (14) days.
See Fed. R. Civ. P. 65(b)(2). It may issue without
notice 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).
expressing any opinion on the merits of Plaintiff's claim
for relief, the Court concludes that a TRO is not warranted
at this time. Plaintiff's allegations do not set forth
specific facts demonstrating the likelihood of immediate or
irreparable harm before Defendants can be heard.
Plaintiff has been provided with a wheelchair and a seat
cushion. The fact that the wheelchair and seat cushion may be
inadequate does not suggest that there is a substantial risk
of serious injury that warrants a TRO. Accordingly, the
request for TRO is denied without prejudice.
Plaintiff specifically requested a TRO on this issue, it is
apparent that, in the alternative, he is seeking a
preliminary injunction. The Court will defer ruling on
Plaintiff's request for a preliminary injunction. As to
his request for a preliminary injunction, Plaintiff is
reminded that, on July 11, 2019, the Court ordered Plaintiff
to inform the Court, on or before August 15, 2019, whether he
wants to proceed with this severed action. (Doc. 5).
Plaintiff is ADVISED that the Court will not
address his request for a preliminary injunction or screen
the case pursuant to 28 U.S.C. § 1915A until Plaintiff
complies with this directive.
IT IS HEREBY ORDERED that Plaintiff's request
for temporary restraining order is DENIED,
and the Court DEFERS ruling on the request
for preliminary injunction.
is ADVISED that he is under a continuing
obligation to keep the Clerk of Court and each opposing party
informed of any change in his address; the Court will not
independently investigate his whereabouts. This shall be done
in writing and not later than 7 days after a
transfer or other change in address occurs. Failure to comply
with this order will cause a delay in the transmission of
court documents and may result in dismissal of this action
for want of prosecution. See Fed. R. Civ. P. 41(b).
IS SO ORDERED.