EINES v. MAYNARD et al

Filing 109

ORDER Denying Motion for Preliminary Injunction and Temporary Restraining Order - For these reasons, Mr. Eines's motion for a preliminary injunction and temporary restraining order, dkt. 99 , is denied. In recognition of Mr. Eines's concerns, the clerk is directed to send him a copy of the Court's form complaint along with a copy of this Order (SEE ORDER FOR DETAILS). Signed by Judge James Patrick Hanlon on 1/18/2023. (Attachments: # 1 copy of complaint form) (DWH)

Case 1:21-cv-00354-JPH-MPB Document 109 Filed 01/18/23 Page 1 of 4 PageID #: 476

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
BRIAN EINES,

)
)
Plaintiff,
)
)
v.
)
)
MAYNARD,
)
EDMONDS,
)
SERGEI,
)
ZATECKY,
)
ARAMARK CORRECTIONAL SERVICES LLC, )
)
Defendants.
)

No. 1:21-cv-00354-JPH-MPB

Order Denying Motion for Preliminary Injunction
and Temporary Restraining Order
Plaintiff Brian Eines, an inmate at Putnamville Correctional Facility, was previously
housed at Pendleton Correctional Facility. He alleges in this civil rights suit that various Pendleton
Defendants violated his Eighth Amendment rights by serving him unsanitary and contaminated
food. Before the Court is Mr. Eines's motion for a preliminary injunction and temporary restraining
order. For the reasons that follow, his request is denied.
I. Background
In November 2020, Mr. Eines was allegedly served unsanitary and contaminated food at
Pendleton, and so he brought this lawsuit against three Pendleton guards, Pendleton's Warden, and
Pendleton's corporate food provider. While this lawsuit was pending, Mr. Eines was transferred to
Putnamville Correctional Facility. That is where Mr. Eines is currently housed.
Pendleton's Warden in November 2020 was Dushan Zatecky. He is named as a Defendant
in this case. At some point after the contamination event but before Mr. Eines was transferred, Mr.

1

Case 1:21-cv-00354-JPH-MPB Document 109 Filed 01/18/23 Page 2 of 4 PageID #: 477

Zatecky was named the Warden of Putnamville. As it stands, Mr. Eines is housed at Putnamville,
and Mr. Zatecky is the Warden at Putnamville. See Dkt. 99 ¶¶ 1, 3, 11, 12.
II. The Motion for Injunctive Relief
Mr. Eines states that since he has arrived at Putnamville, he has encountered multiple
situations of intimidation, excessive force, and humiliation, and he believes Warden Zatecky is
responsible. Id. ¶¶ 15, 16. Mr. Eines contends (1) he received rotten food in August 2022 when no
other inmates did; (2) he was required to strip in a humiliating fashion in September 2022 after
being ordered to clean up a spill; and (3) he was subject to excessive force and held at gun point
in October 2022 while being transferred to his dermatology appointment. Id. Mr. Eines has
attempted to grieve these issues, but his grievances are being obstructed by Warden Zatecky. Id. ¶
17. Mr. Eines fears for his life and his safety. Id. ¶ 16. He also fears he will continue to be targeted.
Id. Mr. Eines requests to be transferred to a different facility.
III. Discussion
"A preliminary injunction is an extraordinary equitable remedy that is available only when
the movant shows clear need." Turnell v. Centimark Corp., 796 F.3d 656, 661 (7th Cir. 2015). To
obtain a preliminary injunction a plaintiff first must show that: "(1) without this relief, [he] will
suffer irreparable harm; (2) traditional legal remedies would be inadequate; and (3) [he] has some
likelihood of prevailing on the merits of [his] claims." Speech First, Inc. v. Killen, 968 F.3d 628,
637 (7th Cir. 2020).
However, the Court will not address the three threshold elements because, as a preliminary
matter, a request for injunctive relief must necessarily be tied to the specific claims on which the
plaintiff is proceeding. See Benisek v. Lamone, 138 S. Ct. 1942, 1945 (2018) ("[T]he purpose of a
preliminary injunction is merely to preserve the relative positions of the parties until a trial on the

2

Case 1:21-cv-00354-JPH-MPB Document 109 Filed 01/18/23 Page 3 of 4 PageID #: 478

merits can be held." (cleaned up)); see also De Beers Consol. Mines v. United States, 325 U.S.
212, 220 (1945) ("A preliminary injunction is always appropriate to grant intermediate relief of
the same character as that which may be granted finally.").
Here, Mr. Eines is proceeding on claims that various Pendleton Defendants violated his
Eighth Amendment rights by serving him unsanitary and contaminated food. Dkts. 1; 8.
His request for
injunctive relief is based on separate claims that Warden Zatecky is now retaliating against him and
directing others to retaliate against him. Mr. Eines's request for injunctive relief is based on issues
entirely different from the issues in Mr. Eines's underlying complaint. Accordingly, injunctive
relief is not proper. De Beers, 325 U.S. at 220; see also Little v. Jones, 607 F.3d 1245, 1251 (10th
Cir. 2010) ("[T]he movant must establish a relationship between the injury claimed in the party's
motion and the conduct asserted in the complaint.") (citations omitted); Kaimowitz v. Orlando,
Fla., 122 F.3d 41, 43 (11th Cir.1997) (same); Devose v. Herrington, 42 F.3d 470, 471 (8th Cir.
1994) (same).
If Mr. Eines has been the subject of specific incidents of retaliation or intimidation, he may
bring a separate lawsuit and seek injunctive relief in that case. But the Court cannot address those
issues in this case.
IV. Conclusion
For these reasons, Mr. Eines's motion for a preliminary injunction and temporary
restraining order, dkt. [99], is denied. In recognition of Mr. Eines's concerns, the clerk is directed
to send him a copy of the Court's form complaint along with a copy of this Order.
SO ORDERED.
Date: 1/18/2023

3

Case 1:21-cv-00354-JPH-MPB Document 109 Filed 01/18/23 Page 4 of 4 PageID #: 479

Distribution:
BRIAN EINES
988189
PUTNAMVILLE - CF
PUTNAMVILLE CORRECTIONAL FACILITY
Greencastle, IN 46135
Electronic Service Participant – Court Only
Carlton Wayne Anker
Lewis and Wilkins LLP
[e-mail]
Christopher Douglas Cody
HUME SMITH GEDDES GREEN & SIMMONS
[e-mail]
Eric Ryan Shouse
Lewis And Wilkins LLP
[e-mail]
Georgianna Q. Tutwiler
HUME SMITH GEDDES GREEN & SIMMONS
[e-mail]

4