MARY M. LISI, Chief District Judge.
Before this Court is a motion (Doc. #18) filed by Plaintiff William Petaway, an inmate at the Adult Correctional Institutions (the "ACI") in Cranston, Rhode Island, requesting that he be transferred to a different cellblock.
The instant motion stems from one of the claims asserted in the instant Civil rights action.
Plaintiff also asserts that on March 30, 2012, Duarte angrily spoke with Plaintiff because Duarte was upset that he was the subject of a complaint by another inmate concerning an incident which Plaintiff witnessed and that as a result, Plaintiff is in fear that Duarte will retaliate against him. Petaway Aff. ¶¶ 2-4. Plaintiff seeks an order directing prison officials to move him to a different cellblock.
As a threshold matter, this Court notes that the claim in the instant motion is virtually identical to one of the claims asserted in Plaintiff's complaint — namely, the claim that C/O Duarte had previously labeled Plaintiff as a `snitch' to other inmates, thus placing Plaintiff in danger of being attacked by other inmates.
Moreover, even if the allegations concerning C/0 Duarte were facially plausible, the motion for injunctive relief would still fail. A party seeking a preliminary injunction must show: (1) a substantial likelihood of success on the merits; (2) a significant risk of irreparable harm if the injunction is denied; (3) the harm he will suffer outweighs any harm to Defendants if the injunction is granted; and (4) the preliminary injunction will promote the public interest.
Here, plaintiff's motion fails as to several of these factors. First, his motion and affidavit do not show a likelihood of success on the merits. Under established constitutional law, while prison officials have an obligation to protect prisoners from violence at the hands of other inmates, not every injury suffered by one prisoner at the hands of another translates into constitutional liability for prison officials.
While Plaintiff in his motion identifies one inmate to whom Duarte spoke, he does not allege that the inmate made any attempt to harm him, nor does he allege that any other inmate attempted to harm him. Plaintiff's affidavit merely recites that he was moved to the "F-mod" unit in March 2012, that Duarte has a reputation for "set-ups" on inmates whom he does not like (presumably including Plaintiff) and that Duarte, upset because he had been interviewed by an internal prison inspector concerning an incident which Plaintiff allegedly witnessed, angrily confronted Plaintiff. However, these allegations alone are not sufficient as a constitutional matter to show a "significant risk of irreparable harm," in violation of the Eight Amendment.
Even as to the allegations that C/0 Duarte referred to Plaintiff as a `snitch,' Plaintiff fails to provide any concrete circumstances suggesting that Plaintiff is facing an emergency or other extreme risk so as to justify mandatory injunctive relief.
Plaintiff's request that this Court dictate plaintiff's placement or classification in the ACI facility is likewise unlikely to succeed because there is no state-created liberty interest in Rhode Island's prison-inmate classification housing procedure.
In addition, the requested relief is not in the public interest, since, as noted above, it would impede ACI officials' "unfettered final discretion" over the classification and housing of prison-inmates such as Plaintiff.
In short, because Plaintiff's motion for transfer fails to meet several of the factors necessary for injunctive relief, that motion must be denied.
Based on the foregoing considerations, Plaintiff's motion for transfer is hereby DENIED.
SO ORDERED:
Defendants filed a motion to dismiss the complaint (Doc. #6), and Plaintiff has moved to amend or correct his complaint (Doc. #15). In a separate Memorandum and Order issued this date, this Court has granted Defendants' motion to dismiss the complaint and denied plaintiff's motion to amend.