Williams v. Bell et al

Filing 16

FINDINGS and RECOMMENDATIONS recommending that 10 Plaintiff's Motion for a Preliminary Injunction be DENIED re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Stanley A. Boone on 8/10/2017. Referred to Judge Ishii. Objections to F&R due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WESLEY WILLIAMS,

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Plaintiff,

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v.

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C. BELL, et al.,

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Defendants.

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Case No. 1:16-cv-01584-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
REGARDING PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION AND/OR
TEMPORARY RESTRAINING ORDER
[ECF No. 10]

Plaintiff John Wesley Williams is appearing pro se in this civil rights action pursuant to 42
U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for a preliminary injunction and/or temporary
restraining order, filed June 26, 2017. Defendants filed an opposition on August 4, 2017.

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I.

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DISCUSSION

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A.

Legal Standard

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The legal principles applicable to requests for injunctive relief, such as a preliminary injunction

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or temporary restraining are well established. “A plaintiff seeking a preliminary injunction must

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establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the

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absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in

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the public interest.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008)
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(citations omitted). An injunction may only be awarded upon a clear showing that the plaintiff is

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entitled to relief. Id. at 22 (citation omitted). In cases brought by prisoners involving conditions of

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confinement, any preliminary injunction “must be narrowly drawn, extend no further than necessary to

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correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary

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to correct the harm.” 18 U.S.C. § 3626(a)(2).

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B.

Analysis

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Plaintiff seeks a court order directing Defendants to provide him proper treatment to treat

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Plaintiff’s “cutting disorder” and to prevent the retaliatory denial of such treatment. Plaintiff is

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proceeding against Defendants Bell, Douglas, Fischer, and Harrison for a violation of the Eighth

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Amendment for failing to place him in a level of mental health care that is adequate to treat his cutting

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disorder.

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1.

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In this case, the Court finds that Plaintiff has failed to demonstrate the likelihood (as opposed

Likelihood of Success on the Merits

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to the possibility) of irreparable harm absent a preliminary injunction. In his motion, Plaintiff

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contends that his “likelihood [sic] of winning a final judgment…is so well established as to be

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unquestionable.” (Mot. at 12, ECF No. 10.) In support of his motion, Plaintiff attached his own

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declaration, various mental health records, and numerous letters dating back to 2012 between himself

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and attorneys in the Coleman v. Brown class action. (Id. at 17-50.) Plaintiff has not provided

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sufficient evidence to support the conclusion that, absent some form of preliminary injunctive relief,

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Plaintiff will in fact harm himself or suffer some other form of irreparable injury. Indeed, Plaintiff

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acknowledges that medical treatment has been provided and a recommendation for mental health

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placement has been made. Plaintiff’s declaration merely restates his own belief that he is being denied

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proper mental health treatment. However, the fact that Plaintiff disagrees with or believes his

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treatment is inadequate is not a sufficient basis to warrant a preliminary injunction. Indeed, Plaintiff’s

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mental health records demonstrate that he is able to exert a degree of control over his cutting behavior,

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which belies his claim that he requires a higher level of care to prevent him from cutting and injuring

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himself. More specifically, Psychologist Christina Rizea noted in Plaintiff’s Psychology Discharge

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Summary form, dated March 8, 2016, that: “[Plaintiff] discovered that the act of cutting was exciting
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to him and made him feel emotional relief. Prior to cutting, [Plaintiff] acknowledged receiving

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excitement from exposing himself. However, he learned that he could receive the same benefits from

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cutting and simultaneously not earn [Rules Violation Reports].” (Mot. at 26-27.) In addition,

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Plaintiff’s letter correspondence to the Coleman attorneys, merely demonstrates that he provided

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information to them, and there is no showing that Defendants were aware of the confidential attorney-

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client communications or that Defendants’ conduct was related to or motivated by the

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communications. Accordingly, at this juncture, Plaintiff has failed to demonstrate a likelihood of

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success on the merits to warrant issuance of a preliminary injunction. See, e.g., Sierra On-Line, Inc. v.

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Phoenix Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984) (“A preliminary injunction … is not a

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preliminary adjudication on the merits but rather a device for preserving the status quo and preventing

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the irreparable loss of right before judgment.”)

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2.

Irreparable Harm

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A party seeking an injunction is required to show injury in fact (a concrete harm that is actual

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or imminent), causation, and redressability. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61

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(1992); Hodgers-Durgin v. de la Vina, 199 F.3d 1037, 1044 (9th Cir. 1999). Establishing a risk of

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irreparable harm in the indefinite future is not enough. Rather, the harm must be shown to be

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imminent. Midgett v. Tri-County Metro. Transp. Dist. of Oregon, 254 F.3d 846, 850-51 (9th Cir.

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2001). Speculative and conclusory allegations are insufficient to warrant injunctive relief and do not

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constitute irreparable injury. Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668, 674 (9th Cir.

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1988).
In this instance, Plaintiff contends that he has a “cutting” disorder which he cannot control.

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However, as discussed above, the documents in the record do not support Plaintiff’s claim.

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Furthermore, Plaintiff’s mental health records demonstrate that he can control his cutting disorder and

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express opinion that his “cutting” is conducted for secondary gain. On July 18, 2017, Plaintiff was

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examined by a staff psychiatrist who opined that Plaintiff was able to resist the urge to cut. (Walsh

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Decl. ¶ 6, ECF No. 14; Ex. B at AGO.142.)1 The psychiatrist further noted that Plaintiff’s

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Doctor Joseph Walsh is the Chief of Mental Health at California State Prison-Corcoran. (Walsh Decl. ¶ 1.)

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“presentation suggests either paranoid ideation and guarded behavior or non-cooperative for secondary

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gain (EOP placement).” (Id.) Most importantly, the psychiatrist noted that Plaintiff “is not a risk to

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himself or others at this time.” (Id.) In addition, on February 27, 2017, Dr. Gutknecht noted that

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Plaintiff “has managed to avoid cutting himself despite refusing mental health appointments indicating

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he is using some type of effective coping strategy … IP appears to be attempting to get the attention of

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a different clinician in order to resume manipulation attempts to gain a higher level of care … There is

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no clinical evidence for high level of care, at this time.” (Walsh Decl. ¶ 7; Ex. A at AGO.125.)

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Plaintiff was seen by Dr. Amajoyl on January 27, 2017, and February 9, 2017, and both times both

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stated that he had “no interest to cut himself.” (Walsh Decl. ¶ 8; Ex. A at AGO.126-127.)

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Furthermore, Plaintiff’s records from March to August 2016 (when Plaintiff was housed at a different

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institution) demonstrate that he was able to control his cutting behavior and that he was not a danger to

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himself. (Walsh Decl. ¶¶ 9-12.) After review of Plaintiff’s mental health records, Dr. Walsh opined

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that Plaintiff “is currently receiving appropriate mental health care treatment at the [Correctional

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Clinical Case Management System] (CCCMS) level.” (Id. ¶ 13.) Dr. Walsh also noted that Plaintiff

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“has regular access to and visits with mental health treatment professionals, which allow for ample

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opportunities to evaluate and re-evaluate any need for a higher level of care.” (Id.) Based on the

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mental health records, Plaintiff has failed to establish a likelihood of irreparable injury.

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3.

Balance of Equities

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Plaintiff contends that “the Defendants, CDCR, or AD’s R. Diaz and S. Alfaro have no

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legitimate reason for impeding on or denying Plaintiff proper, adequate, or competent treatment for

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cutting disorder save for preventing Plaintiff from report and complaint to MHSDS attorneys RBGG

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concerning issues which violate the Coleman and Hecker injunctions thus, there is no harm to the

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adverse party.” (Mot. at 11.) Plaintiff contention is not supported by his mental health records, and

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there is insufficient evidence to find the balance of equities tips in his favor.

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4.

Public Interest in Granting Preliminary Injunction

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Plaintiff submits that it is always in the public interest for prison officials to obey the law.

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Although Plaintiff may be correct, the record before the Court does not justify the Court’s interference

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with the determinations of institutional mental health care providers opinions in the proper level of
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treatment provided. Thus, the Court defers to the prison staffs’ experience and judgment regarding

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prison administration.

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5.

Preliminary Injunction Against Non-Party Individuals

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Plaintiff also seeks relief, in part, against individuals who are not a party to this action.

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However, the Court is unable to issue an order against individuals who are not parties to a suit pending

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before it. Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).

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IV.

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CONCLUSION AND RECOMMENDATION
Plaintiff has not met his burden of proving that he is likely to succeed on the merits. Nor has

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Plaintiff shown that he will suffer irreparable harm in the absence of injunctive relief. Plaintiff has

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also not demonstrated that the balance of equities tips in his favor, or that an injunction is in the public

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interest. Accordingly, it is HEREBY RECOMMENDED that Plaintiff’s motion for a preliminary

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injunction be DENIED.

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This Findings and Recommendation will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days after

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being served with this Findings and Recommendation, the parties may file written objections with the

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Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” The parties are advised that failure to file objections within the specified time may

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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)

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(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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Dated:

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August 10, 2017
UNITED STATES MAGISTRATE JUDGE

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