United States of America v. Negriel

Filing 4

TEMPORARY RESTRAINING ORDER. Signed by Hon. Elizabeth A. Wolford on 11/19/2022 at 10:25 a.m. (CDH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,

TEMPORARY
RESTRAINING ORDER

Plaintiff,
6:22-cv-06514 EAW
v.
ISRAEL NEGRIEL,
Defendant.

Plaintiff United States of America (“Plaintiff”) having filed an ex parte motion for
a temporary restraining order (Dkt. 2) to allow medical examination and hydration of
defendant Israel Negriel (“Defendant”), a native and citizen of Haiti who is detained at the
Buffalo Federal Detention Facility, and the Court having concluded that immediate and
irreparable injury, loss, or damage will result to Defendant’s health and possibly his life
before he can be heard in opposition because of his refusal to consume food or water for
nineteen days and his refusal to allow medical staff to perform vital signs and basic physical
examinations, as well as routine laboratory testing, and the Court having further concluded
that reasonable notice to the extent feasible and practical has been provided to Defendant
(see Dkt. 3), and any further notice would result in unacceptable delay that could jeopardize
Defendant’s health and life, it is hereby
ORDERED that Plaintiff is authorized to use reasonable force to perform a medical
examination of Defendant to the extent it is medically necessary, but that Plaintiff shall use
the minimum amount of force required to do so; and it is further
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ORDERED that Plaintiff is authorized to use reasonable force to obtain Defendant’s
vital signs to the extent it is medically necessary, but that Plaintiff shall use the minimum
amount of force required to do so; and it is further
ORDERED that Plaintiff is authorized to use reasonable force to draw blood from
Defendant in order to perform medically necessary testing to ascertain Defendant’s
condition, but that Plaintiff shall use the minimum amount of force required to do so; and
it is further
ORDERED that Plaintiff is authorized to use reasonable force to provide hydration
to Defendant to the extent it is medically necessary, but that Plaintiff shall use the minimum
amount of force required to do so; and it is further
ORDERED that Plaintiff is authorized to use medical restraints, including soft
medical restraints or other restraints as necessary, in order to accomplish the above, but
only for the time period necessary to accomplish the one or more of the actions described
above, upon completion of which the restraints shall be removed as soon as practicable;
and it is further
ORDERED that this Order shall expire 14 days from the time and date at which this
Order is issued, unless otherwise extended by the Court.
SO ORDERED.
ELIZABETH A. WOLFORD
Chief Judge
United States District Court
Dated: 10:25 a.m., November 19, 2022
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