G. MURRAY SNOW, District Judge.
Plaintiff Timothy P. Olmos filed this civil rights action under 42 U.S.C. § 1983 against various officials of the Arizona Department of Corrections (ADC). (Doc. 12.) Plaintiff filed a Motion for a Temporary Restraining Order and a Motion for a Preliminary Injunction. (Docs. 41, 46.
On screening of Plaintiff's 15-count First Amended Complaint, the Court directed Defendant Charles L. Ryan to answer Plaintiff's due process claims in Counts VII (illegal taking of money from his account), IX (violating state law inmate compensation statutes), and X (required surrender, without compensation, of orange clothing purchased at the inmate store); Counts III (conditions of confinement, including insufficient necessities such as food, clothing, and hygiene products and overcrowding) and VIII (unconstitutional taking of money through failure to pay interest on money in his prisoner account); and Plaintiff's free speech claim regarding his incoming mail policy in Count XI. (Doc. 27.) It also ordered Defendant Allen Ortega to answer the retaliation claim in Count XV. The remainder of the Defendants and claims were dismissed. (
A preliminary injunction is an extraordinary and drastic remedy and "one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion."
Under the "serious questions" version of the sliding-scale test, a preliminary injunction is appropriate when a plaintiff demonstrates that "serious questions going to the merits were raised and the balance of hardships tips sharply in [plaintiff's] favor."
A request for a TRO is governed by the same general standards that govern the issuance of a preliminary injunction.
The Prison Litigation Reform Act (PLRA) also imposes requirements on prisoner litigants who seek preliminary injunctive relief against prison officials. "Preliminary injunctive relief must be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary to correct that harm." 18 U.S.C. § 3626(a)(2). Thus, § 3626(a)(2) limits the court's power to grant preliminary injunctive relief to inmates; "no longer may courts grant or approve relief that binds prison administrators to do more than the constitutional minimum."
In addition, because the function of a preliminary injunction is to preserve the status quo pending a determination on the merits,
Plaintiff seeks an order for the following relief: (1) directing staff to process photocopies of Health Needs Requests (HNRs); (2) prohibiting staff from denying medications and medical supplies on the grounds that inmates must purchase them and directing that OTC medications be prescribed at no charge; (3) restraining Ryan from serving only two meals per day on weekends and holidays; (4) restraining Ryan from making further cost-cutting modifications to ADC's menu without prior Court approval; (5) restraining staff from seizing legal books in an inmate's possession on the grounds that the inmate has exceeded the permissible number of books; (6) restraining staff from counting legal books against the number of permissible books; (7) restraining staff from retaliating against Plaintiff, witnesses and all persons that may provide evidence; (8) restraining Sergeant Evans from having any contact with Plaintiff for any business; and (9) directing Ryan to provide Plaintiff exclusive access to an electronic research station located in the Resource Center of his prison unit, as well as a printer/scanner, a full subscription to Westlaw or Lexis, internet access, and other amenities. (Docs. 41, 46.)
Defendants oppose the motion arguing that Plaintiff fails to show that many of the requests are even related to the claims in the Complaint, Plaintiff's request is nothing but a "wish list" without evidentiary support, and Plaintiff fails to demonstrate irreparable harm or the other requirements for a preliminary injunction. (Doc. 58 at 3-5.) Plaintiff replies and files a supplement to his reply. (Doc. 62, 67.)
The Court will deny the motions. As Defendants observe, some of what Plaintiff seeks is beyond the scope of the claims raised in the First Amended Complaint — for example, the references to processing HNRs and providing medications and medical supplies.
(1) The reference to the Magistrate Judge is withdrawn as to Plaintiff's Ex Parte Motion for Temporary Restraining Order (Doc. 41) and Plaintiff's Motion for Preliminary Injunction (Doc. 46).
(2) Plaintiff's Ex Parte Motion for Temporary Restraining Order (Doc. 41) and Plaintiff's Motion for Preliminary Injunction (Doc. 46) are