McManus v. Beal

Filing 8

MEMORANDUM. Signed by Judge Ellen L. Hollander on 2/14/12. (jmk, Deputy Clerk)(c/m 2/15/12)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
KLEATUS McMANUS, # 292893

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Plaintiff

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v

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R. BEAL, Officer.

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Defendant

Civil Action No. ELH-12-113

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MEMORANDUM

Kleatus McManus, a State prisoner, filed a motion for emergency injunctive relief,
claiming he is in imminent danger. See ECF 3. In response, the court ordered the State of
Maryland to file a show cause response. See ECF 4. The Maryland Attorney General has
responded. ECF 7. For the reasons that follow, the court finds that emergency injunctive relief
is unwarranted. Therefore, the motion (ECF 3) will be denied. McManus will be granted
twenty-eight days to notify the Court whether he wants to supplement his claim and/or pursue his
action or, instead, withdraw this case from further consideration. In any event, within forty-five
days, counsel shall file a status report as to McManus’s housing.
FACTUAL BACKGROUND
McManus, an inmate at Western Correctional Institution (“WCI”), alleges, among other
things, that defendant R. Beal, a correctional officer, is purposely spreading false rumors that
McManus is a “snitch” and a “rat.” Complaint, p. 8 (continuation sheet). McManus claims he
has been threatened on several occasions and fears for his life. As relief, McManus requests
transfer to another prison. ECF 1, p. 8.
McManus is in disciplinary segregation until June 12, 2012, for possession of a

controlled dangerous substance. Exhibit 1, Declaration of Brent W. McKenzie, Correctional
Case Management Specialist at WCI, at ¶3. He is also assigned to administrative segregation
pending an investigation of his complaint about danger. Exhibit 1, at ¶3; Exhibit 2,
Administrative Segregation Investigative Report. As an inmate on administrative segregation,
McManus is separated from the general prison population. He will remain on administrative
segregation status “until appropriate housing can be determined.” Exhibit 1, at ¶3.
DISCUSSION
Preliminary injunctive relief is an extraordinary and drastic remedy. See Munaf v. Geren,
553 U.S. 674, 689-90 (2008). To obtain a preliminary injunction, a movant must demonstrate: 1)
that he is likely to succeed on the merits; 2) that he is likely to suffer irreparable harm in the
absence of preliminary relief; 3) that the balance of equities tips in his favor; and 4) that an
injunction is in the public interest. See Winter v. Natural Resources Defense Council, Inc., 555
U.S. 7, 20 (2008); The Real Truth About Obama, Inc. v. Federal Election Commission, 575 F.3d
342, 346 (4th Cir. 2009), vacated on other grounds, _U.S. _, 130 S.Ct. 2371 (2010), reinstated in
relevant part on remand, 607 F.3d 355 (4th Cir. 2010) (per curiam).
McManus fails to establish that he is likely to suffer irreparable harm without emergency
injunctive relief. He is in administrative segregation pending investigation of his claim of
imminent harm. Under the circumstances, he has not shown the likelihood of irreparable injury
in the absence of injunctive relief. Further, inmate classification decision and transfer decisions
do not implicate a protected liberty interest. See Meachum v. Fano, 427 U.S. 270 (1976); Paoli v.
Lally, 812 F.2d 1489, 1492-93 (4th Cir. 1987). A prisoner has no liberty interest in being housed
in any particular manner. See Olim v. Wakinekona, 461 U.S. 238, 244-45 (1983). McManus has

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not shown the likelihood of irreparable injury nor success on the merits at trial. Consequently,
there are insufficient grounds to order emergency injunctive relief.
CONCLUSION
For the foregoing reasons, McManus’s motion for injunctive relief (ECF 3) will be denied.
The Court will grant McManus twenty-eight days to state whether he wants to amend his
complaint and/or pursue consideration of his case, or, instead, withdraw this case from further
review. In any event, within forty-five days, counsel shall provide the court with a status report
as to McManus’s housing. A separate Order follows.

February 14, 2012
Date

/s/
Ellen L. Hollander
United States District Judge

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