Lavergne v. Cain et al
Filing
51
RULING denying 50 Motion for Temporary Restraining Order. Signed by Judge James J. Brady on 5/12/2014. (LLH)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BRANDON SCOTT LAVERGNE (#424229)
VERSUS
CIVIL ACTION
N. BURL CAIN, ET AL
NUMBER 13-233-JJB-SCR
RULING ON MOTION FOR TEMPORARY RESTRAINING ORDER
Before the court is the plaintiff’s Request for Federal
Restraining Order.
Record document number 50.
Pro se plaintiff, an inmate confined at Louisiana State
Penitentiary (“LSP”), Angola, Louisiana, filed this action pursuant
to 42 U.S.C. § 1983 against Warden N. Burl Cain, Warden Angie
Norwood,
Plaintiff
Warden
alleged
Darrell
that
Vannoy
the
and
defendants
Warden
have
Kenneth
been
Norris1.
deliberately
indifferent to his serious medical needs in violation of his
constitutional rights.
Plaintiff filed a motion for temporary restraining order
seeking to enjoin prison officials from retaliating against him by
screening his outgoing mail to civil rights groups and not promptly
mailing his civil rights complaints.
A preliminary injunction is an extraordinary equitable remedy
that
may
be
granted
only
if
the
plaintiff
establishes
four
elements: (1) a substantial likelihood of success on the merits;
1
Identified as Ken Norse in the complaint.
(2) a substantial threat that the movant will suffer irreparable
injury if the injunction is denied; (3) that the threatened injury
outweighs any damage that the injunction might cause the defendant;
and (4) that the injunction will not disserve the public interest.
Hoover v. Morales, 164 F.3d 221 (5th Cir. 1998).
accordance
with
the
Prison
Litigation
Additionally, in
Reform
Act
(“PLRA”),
preliminary injunctive relief must be narrowly drawn, extend no
further than necessary to correct the violation of the federal
right, and be the least intrusive means necessary to correct the
harm.
18 U.S.C. § 3626(a).
It is unlikely that the plaintiff will prevail on his claims
against the defendants.
Any harm which may come to the plaintiff
is likely to be minor rather than irreparable and it can be
compensated for monetarily should the plaintiff prevail in this
action.
Finally, the public interest in the issuance or denial of a
preliminary injunction is minimal or non-existent in this case.
The plaintiff has not shown the exceptional circumstances
needed for issuance of a preliminary injunction.
Accordingly,
the
plaintiff’s
request
for
a
temporary
restraining order is denied.
Baton Rouge, Louisiana, May 12, 2014.
JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA
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