Carson v. Payne et al

Filing 32

OPINION AND ORDER DENYING 31 MOTION for Preliminary Injunction filed by Daveaun Carson. REMINDING Warden William Hyatt in his official capacity the order modifying the order granting the prior prelimin ary injunction (ECF 30) requires him to house Daveaun Carson in a single man cell in the restrictive housing unit at the Miami Correctional Facility unless his medical condition requires he be taken to an outside medical facility and to promptly noti fy the court if exigent circumstances require Daveaun Carson to be moved to another safe location at the Miami Correctional Facility where he is still separated from contact with other inmates and DIRECTING the clerk to fax or email a copy of this o rder to Warden William Hyatt at the Miami Correctional Facility and to the Commissioner of the Indiana Department of Correction at the Department's Central Office. Signed by Judge Robert L Miller, Jr on 1/10/2022. (Copy faxed to Warden and emailed to Commissioner as directed in Order)(mrm) Modified on 1/10/2022 to update (mrm).

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
DAVEAUN CARSON,
Plaintiff,
v.

CAUSE NO. 3:21-CV-464-RLM-MGG

TERRY BEANE and WARDEN
WILLIAM HYATT,
Defendants.
OPINION AND ORDER
Daveaun Carson, a prisoner without a lawyer, filed another preliminary
injunction motion. He asks to be transferred to a different prison because he
doesn’t want to be held in the restrictive housing unit at the Miami Correctional
Facility. He is in restrictive housing because the court amended the order
granting his previous preliminary injunction motion seeking protection from
other inmates after the warden notified the court restrictive housing was the
least intrusive means of keeping Carson safe. ECF 30. Mr. Carson doesn’t
dispute he is safe from attack by other inmates. He only argues he doesn’t want
to be in restrictive housing because he can’t access privileges he believes might
be available at another prison.
“A plaintiff seeking a preliminary injunction must establish that he is likely
to succeed on the merits, that he is likely to suffer irreparable harm in the
absence of preliminary relief, that the balance of equities tips in his favor, and
that an injunction is in the public interest.” Winter v. Nat. Res. Def. Council,
Inc., 555 U.S. 7, 20 (2008). Carson’s new preliminary injunction motion as no

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chance of success on the merits. The only permanent injunctive relief claim in
this case is “to obtain protection from other inmates as required by the Eighth
Amendment . . ..” ECF 19 at 6.
The PLRA circumscribes the scope of the court’s authority to enter
an injunction in the corrections context. Where prison conditions
are found to violate federal rights, remedial injunctive relief must be
narrowly drawn, extend no further than necessary to correct the
violation of the Federal right, and use the least intrusive means
necessary to correct the violation of the Federal right. This section
of the PLRA enforces a point repeatedly made by the Supreme Court
in cases challenging prison conditions: Prison officials have broad
administrative and discretionary authority over the institutions they
manage.
Westefer v. Neal, 682 F.3d 679 (7th Cir. 2012) (quotation marks, brackets, and
citations omitted). Mr. Carson is safe in restrictive housing. Because the warden
says that it;s the least intrusive way to keep him safe, there is no chance Mr.
Carson could obtain permanent injunctive relief ordering his transfer to another
prison.
For these reasons, the court:
(1) DENIES the preliminary injunction motion (ECF 31);
(2) REMINDS Warden William Hyatt in his official capacity the order
modifying the order granting the prior preliminary injunction (ECF 30) requires
him to house Daveaun Carson in a single man cell in the restrictive housing unit
at the Miami Correctional Facility unless his medical condition requires he be
taken to an outside medical facility and to promptly notify the court if exigent
circumstances require Daveaun Carson to be moved to another safe location at
the Miami Correctional Facility where he is still separated from contact with
other inmates; and
2

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(3) DIRECTS the clerk to fax or email a copy of this order to Warden William
Hyatt at the Miami Correctional Facility and to the Commissioner of the Indiana
Department of Correction at the Department’s Central Office.
SO ORDERED on January 10, 2022
s/ Robert L. Miller, Jr.
JUDGE
UNITED STATES DISTRICT COURT

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