Michael R. Spengler v. LASD et al

Filing 17

MEMORANDUM AND ORDER DENYING MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Judge David O. Carter: (see document image for further details). IT IS THEREFORE ORDERED that plaintiffs Motions for Injunctive Relief (docket nos. #12 , #13 ) are DENIED. (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL R. SPENGLER,

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Plaintiff,

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v.
LASD: LOS ANGELES COUNTY
JAIL, et al.
Defendants.

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Case No. CV 16-6880-DOC (SP)
MEMORANDUM AND ORDER
DENYING MOTIONS FOR
TEMPORARY RESTRAINING
ORDER AND PRELIMINARY
INJUNCTION

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I.

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INTRODUCTION

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On September 13, 2016, plaintiff Michael R. Spengler, a state prisoner

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proceeding pro se, filed a Complaint under 42 U.S.C § 1983. On February 3, 2017,

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plaintiff filed a First Amended Complaint (“FAC”). The FAC specifically names two

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correctional officers, a nurse, and the Los Angeles County Sheriff’s Department

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(“LASD”) as defendants, along with several other unnamed correctional officers as

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Doe defendants. Plaintiff alleges defendants, inter alia, denied plaintiff adequate

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medical care, and denied him accommodations pursuant to the Americans with

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Disabilities Act (“ADA”).

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On May 19, 2017, the Court issued an order addressing plaintiff’s request to

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consolidate seven of the civil rights actions plaintiff has filed with this Court.1 All of

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the seven cases concern incidents, many of them overlapping, that plaintiff alleges

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have occurred during his period of pretrial detention at the Twin Towers Correctional

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Facility (“TTCF”) where plaintiff is currently housed. To date, the Court is awaiting

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plaintiff’s response to its May 19, 2017 order.

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On May 22, 2017, plaintiff filed a document titled 2nd Injunction Request/TRO,

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seeking a court order enjoining certain correctional officers, who are not parties to this

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case, from harassing plaintiff. On May 25, 2017, plaintiff filed a document titled 2nd

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Emergency Notice for TRO and Preliminary Injunction, seeking a court order

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enjoining LASD from moving plaintiff to a different floor at the jail.2
For the reasons set forth below, the Court finds plaintiff has failed to show he is

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entitled to a temporary restraining order (“TRO”) or a preliminary injunction.

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Accordingly, plaintiff’s Motions are denied.

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II.

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DISCUSSION

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Plaintiff here seeks both a TRO and a preliminary injunction. “The court may

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issue a temporary restraining order without written or oral notice to the adverse party

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or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly

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show that immediate and irreparable injury, loss, or damage will result to the movant

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before the adverse party can be heard in opposition; and (B) the movant’s attorney

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Plaintiff has initiated the following six additional pending civil rights actions in
this Court, which he has at times sought to consolidate: Spengler v. Los Angeles
County Jail Medical, et al., No. 2:16-CV-06509; Spengler v. Los Angeles County
Sheriffs, et al., No. 2:17-01809; Spengler v. Zazorin, et al., No. 2:17-CV-02270;
Spengler v. TTCF 232 Staff, et al., No. 2:17-CV-02927; Spengler v. LASD Mental
Health, et al., No. 2:17-CV-03059; and Spengler v. Jolliff, et al., No. 2:17-CV-03076.
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The Court considers plaintiff’s two injunctive requests collectively and refers to
them as the “Motions.”
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certifies in writing any efforts made to give notice and the reasons it should not be

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required.” Fed. R. Civ. P. 65(b)(1).
A preliminary injunction is “an extraordinary and drastic remedy, one that

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should not be granted unless the movant, by a clear showing, carries the burden of

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persuasion.” Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S. Ct. 1865, 138 L. Ed. 2d

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162 (1997) (per curiam) (internal quotations marks and citation omitted). The plaintiff

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bears the burden to establish that “he is likely to succeed on the merits, that he is likely

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to suffer irreparable harm in the absence of preliminary relief, that the balance of

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equities tips in his favor, and that an injunction is in the public interest.” Winter v.

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Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S. Ct. 365, 172 L. Ed. 2d 249

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(2008) (citations omitted). Alternatively, where there are merely “serious questions

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going to the merits,” the moving party may still obtain a preliminary injunction where

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the balance of hardships “tips sharply” in the moving party’s favor, and where the

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moving party also shows a likelihood of irreparable injury and that an injunction is in

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the public interest. Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th

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Cir. 2011).
Where a plaintiff has not made the minimum showing of irreparable injury, it is

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not necessary for the court to decide whether the plaintiff is likely to succeed on the

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merits. Oakland Tribune, Inc. v. Chronicle Publ’g Co., 762 F.2d 1374, 1378 (9th Cir.

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1985). Likewise, if the moving party “fails to show that he has some chance on the

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merits, that ends the matter.” Developmental Servs. Network v. Douglas, 666 F.3d

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540, 544 (9th Cir. 2011) (citation omitted).

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A.

Likelihood of Success on the Merits Need Not Be Assessed

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It is difficult to assess whether plaintiff is likely to succeed on the merits of the

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claims raised in the Motions. Plaintiff’s allegations in his Motions are not within the

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scope of his claims in the present FAC filed in this case, which largely concerns

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incidents on floor 252 at TTCF, including the denial of medical care and ADA

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accommodations. See FAC at 4-5, 7. Plaintiff has requested that this case be
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consolidated with other cases but has yet to file a consolidated amended complaint,

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leaving the scope of plaintiff’s pertinent allegations unclear. As noted above, the

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Court is awaiting plaintiff’s response to its May 19, 2017 order addressing plaintiff’s

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consolidation request. Further, as to at least the first injunctive request, it is not even

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clear what conduct the Court is being asked to enjoin, as plaintiff’s allegations of

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harassment by the LASD deputies at the jail are vague.

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But the Court need not determine the likelihood of success on the merits. As

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discussed below, plaintiff has failed to show a likelihood of irreparable injury as to

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either allegation.

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B.

Plaintiff Failed to Demonstrate He Is Likely to Suffer Irreparable Harm in

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the Absence of the Injunctive Relief He Seeks

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Plaintiff has made no showing that he faces imminent irreparable injury such

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that the emergency relief afforded by a TRO is needed. As noted, to obtain a TRO a

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plaintiff must present “specific facts in an affidavit or a verified complaint” clearly

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showing he faces “immediate and irreparable injury.” Fed. R. Civ. P. 65(b)(1)(A).

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The allegations raised in the Motions are unverified and unsupported by an affidavit.

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The TRO requests must therefore be denied on this basis alone.

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A preliminary injunction also cannot be granted unless plaintiff “has shown that

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irreparable harm is ‘likely’; the ‘possibility’ of harm is insufficient to meet [plaintiff’s]

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burden.” Small v. Avanti Health Sys., LLC, 661 F.3d 1180, 1191 (9th Cir. 2011) (citing

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Winter, 555 U.S. at 22). Although “‘likely’ is a higher threshold than ‘possible,’

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[plaintiff] need not prove that irreparable harm is certain or even nearly certain.” Id.

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Here, plaintiff’s Motions fall well short of establishing that irreparable harm is likely

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without injunctive relief.

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First, plaintiff asserts that non-party LASD deputies Moses, Oseguera, and

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Vasquez – named as defendants in some of plaintiff’s other actions before the Court –

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harass, retaliate against, and threaten plaintiff, and interfere with plaintiff’s legal visits,

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because he has filed various lawsuits and grievances. Docket no. 12. Plaintiff seeks to
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enjoin these individuals from engaging in that conduct. Id. But although plaintiff

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claims he is being harassed, he does not specify what harm he is actually suffering or

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likely to suffer, much less present any facts showing he faces irreparable harm.

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Instead, the allegations of harm are merely conclusory and vague. See In re Excel

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Innovations, Inc., 502 F.3d 1086, 1098-99 (9th Cir. 2007); see also Caribbean Marine

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Servs. Co., Inc. v. Baldrige, 844 F.2d 668, 674-75 (9th Cir. 1988); Am. Passage Media

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Corp. v. Cass Commc’ns, Inc., 750 F.2d 1470, 1473 (9th Cir. 1985) (finding

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insufficient showing of irreparable harm because submitted affidavits were

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conclusory).

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Second, plaintiff asserts that LASD is seeking to move him from his current

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location to floor 272, where he may suffer more injuries. Docket no. 13. Plaintiff

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states that he suffers from relapsing and progressive multiple sclerosis, and that he has

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a 52-week wheelchair order as needed and a permanent walker. Id. Plaintiff claims

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floor 272 is not wheelchair-equipped and there is no 24-hour nurse or clinic available

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for access. Id. Plaintiff also makes a reference to his fear of being “hurt again” from

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“gang politics.” Id.

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The Court recognizes plaintiff could suffer serious injury if he is moved to a

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floor that cannot accommodate his ADA and medical needs. But plaintiff has not

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shown he is in fact likely to be moved to floor 272 or that floor 272 could not

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accommodate his needs. The FAC largely concerns floor 252, and it is unclear what

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conditions plaintiff would actually face on floor 272. Plaintiff’s sole mentions of floor

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272 in his FAC are to incidents in January 2016 when he was temporarily housed there.

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Plaintiff claims a bunk fell on him and staff intentionally allowed restrooms to

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overflow. FAC at 4, 8. These incidents have nothing to do with ADA

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accommodations or medical treatment. Because plaintiff has not shown floor 272

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cannot accommodate his needs, plaintiff has failed to make any showing that he would

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be placed in any particular or greater danger upon his potential removal to a different

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floor at the jail. Plaintiff therefore has not demonstrated a likelihood of irreparable
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injury even if he is moved to floor 272, which move is itself uncertain. Consequently,

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there is no reason to find court intervention is needed to prevent irreparable harm to

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plaintiff.

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In sum, because plaintiff has failed to show he is likely to suffer irreparable

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harm under either of his allegations in the absence of the injunctive relief he seeks, his

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Motions will be denied.

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III.

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ORDER

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IT IS THEREFORE ORDERED that plaintiff’s Motions for Injunctive Relief
(docket nos. 12, 13) are DENIED.

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June 5
DATED: _________________, 2017

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_____________________________________

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HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE

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Presented by:

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___________________________________
Sheri Pym
United States Magistrate Judge

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