United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE.
matter is before the Court for consideration of Plaintiff
Donald Jordan's request for a preliminary injunction.
(Docs. 6 and 19). For the reasons set forth below, relief is
denied at this time, but Jordan may renew his request if it
becomes necessary to do so during the pending action.
Jordan is an inmate in the custody of the Illinois Department
of Corrections (“IDOC”) who is currently
incarcerated at Pontiac Correctional Center
(“Pontiac”). (Docs. 1 and 18). Jordan filed this
civil rights action pursuant to 42 U.S.C. § 1983 while
he was incarcerated at Menard Correctional Center
(“Menard”) on March 14, 2019. (Doc. 1). In the
Complaint, Jordan brings claims against Menard officials who
failed to protect him from other inmates (including Inmate
Peoples) after his status as a former government informant
was revealed. Jordan seeks money damages and injunctive
relief that includes: (A) a transfer to Pontiac or
Stateville; (B) placement in protective custody
(“PC”); (C) single cell status without a
cellmate; (D) a “keep separate from”
(“KSF”) order with respect to Inmate Peoples; and
(E) an order prohibiting retaliation by prison staff.
Court screened the Complaint and allowed Jordan to proceed
with the following claims:
Count 1: John Baldwin, Jacqueline Lashbrook,
Officer Purdue, Officer Lauer, Officer Taylor, Officer
McCarthy, and Officer Childs failed to protect Jordan from a
known risk of harm, in violation of the Eighth Amendment,
when they denied his request for protective custody after
Menard inmates learned of Jordan's status as a former
government informant on and after May 2018.
Count 2: John Baldwin, Frank Lawrence,
Krista Alsup, Officer Lauer, Officer Taylor, Officer Gee, and
Officer Childs failed to protect Jordan from a known risk of
harm, in violation of the Eighth Amendment, when they denied
his request for protection (including a “keep separate
order”) from Inmate Peoples and determined his PREA
complaint was unfounded on and after January 31, 2019.
(Doc. 11, pp. 9-10). Five other claims (Counts 3, 4, 5, 6,
and 7) were dismissed at screening. (Id.).
Jordan's request for interim relief was separately
docketed as a Motion for Temporary Restraining Order and/or
Preliminary Injunction (Doc. 6) and scheduled for a hearing.
Jordan filed a Supplemental Motion (Doc. 19) prior to the
Hearing (Docs. 6 and 19)
hearing on April 4, 2019, Jordan testified that he
transferred to Pontiac and was placed in PC on or around
March 20, 2019-less than a week after filing the Complaint.
For reasons unknown to the Court, Inmate Peoples transferred
to Pontiac as well and was placed in a cell near him. But
Jordan testified that the two inmates had gone “their
own way, ” and he expressed no concerns about Inmate
Peoples or anyone else. Jordan also indicated that his
personal property was initially confiscated by Menard
officials during his transfer and returned before the
hearing. Given this testimony, the Court denied Jordan's
TRO request without prejudice, and Jordan has not renewed the
request. (Doc. 22). The Court deferred a decision on the
preliminary injunction until Defendants responded. (Doc. 23).
Response (Doc. 40)
filed a Response to the Motions for Preliminary Injunction on
June 17, 2019. (Doc. 40). They characterized several of
Jordan's requests as moot, including his request for a
prison transfer and placement in PC. (Id. at pp.
3-4). Defendants further argued that Jordan failed to satisfy
the requirements for obtaining preliminary injunctive relief
with respect to his request for a single cell with no
cellmate and a KSF order with respect to Inmate Peoples.
(Id. at pp. 3-5). And his remaining requests for
relief-i.e., to stop retaliation by Menard staff or
misconduct involving non-parties-exceed the scope of this
action. (Id. at pp. 4-5). Given the mootness claim,
the Court ordered Jordan to file a reply identifying what, if
any, requests are moot.
Reply (Doc. 46)
Reply filed July 15, 2019, Jordan confirmed that he is still
housed in Pontiac's PC. (Doc. 46, p. 1). And, although he
remains in a cell without a cellmate, Jordan would like to
formalize this arrangement by receiving single cell status.
(Id. at pp. 2-3). He believes this formal
designation is necessary to avoid an assault like one he
endured at Menard. (Id. at p. 3). Jordan also still
seeks a KSF order from Inmate Peoples. (Id. at p.
2). He reported harassment and threats by this inmate on or
around April 17, 2019. (Id.). At the time, the two
inmates were housed next to (or near) one another.
(Id.). Pontiac officials (Lieutenant Boland and
Sergeant Lewis) responded to Jordan's complaints by
moving him to another gallery, and this “relieved the
frequent harassment, but not completely.”
(Id.). Jordan offers no specifics about ongoing
harassment by Inmate Peoples and indicates that ...