Mitchell v. Baker et al

Filing 106

ORDER denying 105 Motion for Injunctive Relief. See attached for details. Signed by Chief Judge Michael J. Reagan on 10/17/2014. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CALVIN MITCHELL,
Plaintiff,
vs.
STEPHEN BAKER and
KIM BUTLER,
Defendants.

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Case No. 13–cv–0860–MJR–SCW

MEMORANDUM & ORDER
REAGAN, Chief Judge:
In this § 1983 civil rights case, Plaintiff Calvin Mitchell, an inmate at
Menard Correctional Center, won preliminary injunctive relief approximately ten
days ago. On October 8, 2014, the undersigned ordered Defendant Butler (Menard’s
Warden) to file a narrowly-drawn plan which will accomplish the limited directive
of keeping Plaintiff and Defendant / Correctional Officer Baker (whose repeated,
severe threats to Plaintiff are the basis of the lawsuit) separated.
Now Plaintiff, before the Warden’s plan is even due, has filed a motion in
which he asks the Court to order state-level prison administrators to approve his
transfer away from Menard.

(Apparently the Warden has requested such a

transfer). Noting that this lawsuit only targets a correctional officer (not prison
administrators) for unconstitutional actions, the Court finds the instant motion (1)
offers no new specifics as to any threat to Plaintiff, and (2) asks for far too much
intrusion into the day-to-day affairs of prison administration. See Turner v. Safley,
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482 U.S. 78, (1987) (“[C]ourts are ill equipped to deal with the increasingly urgent
problems of prison administration and reform.”) (internal citation omitted); Bell v.

Wolfish, 441 U.S. 520, 547–48 (1979) (“Prison administrators … should be accorded
wide-ranging deference” on matters of internal order, discipline, security, especially
in the absence of substantial evidence they have exaggerated their response to
those considerations).
Plaintiff’s Motion (Doc. 105) is DENIED.
IT IS SO ORDERED.
DATE: October 17, 2014

s/ Michael J. Reagan
MICHAEL J. REAGAN
Chief Judge
UNITED STATES DISTRICT COURT

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