Carter v. Highberger et al

Filing 138

ORDER: For the reasons stated, the Court DENIES Carter's Motions for Leave to Amend Complaint (ECF Nos. 105 , 122 , 131 ) and Motions for Temporary Restraining Order and Preliminary Injunction (ECF Nos. 102 , 106 , 123 ). Signed on 3/12/2025 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 3/12/2025.) (jw)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

JONATHAN CARTER,

Case No. 6:23-cv-01664-CL

Plaintiff,

ORDER

v.
J. HIGHBERGER et al.,
Defendants.
_____________________________________
AIKEN, District Judge.
Plaintiff Jonathan Carter (“Carter”), a self-represented litigant in custody at Oregon State
Correctional Institution (“OSCI”) at the time of filing, brings this civil rights action pursuant to
42 U.S.C. § 1983. Presently before the Court are Carter’s motions for leave to file an amended
complaint (ECF No.105, 122, 131 (“Mots. to Amend”)) and motions for temporary restraining
order (“TRO”) or preliminary injunction (ECF No. 102, 106, 123 (“Mots. for TRO/PI”)). For the
reasons stated herein, the Court DENIES the motions.
BACKGROUND
Carter is presently incarcerated after he was convicted of criminal offenses in Montana.
Although Carter began serving his sentence in the custody of the Montana Department of
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Corrections (“MDOC”) in 2019, safety concerns ultimately required Carter’s transfer out of
state. Carter thus was placed in the custody of the Oregon Department of Corrections (“ODOC”)
at OSCI pursuant to the Interstate Compact. 1
Carter filed this lawsuit challenging various conditions of his confinement at OSCI on
November 13, 2023, while in ODOC custody. (See generally ECF No. 2.) Shortly after filing the
original complaint, Carter moved for a preliminary injunction requesting, among other things, his
transfer back to MDOC custody. (ECF No. 5.) The Court denied that motion as moot (ECF No.
48) after Carter was returned to MDOC custody and transferred to Montana State Prison
(“MSP”) on January 28, 2024. See Montana Offender Search for Jonathon Carter, MONTANA
DEPARTMENT OF CORRECTIONS, https://app.mt.gov/conweb/; see also Callister v. Owen, No.
1:16-cv-00474-CWD, 2017 WL 1499224, at *2 (D. Idaho Apr. 25, 2017) (explaining that
judicial notice may be taken of “[p]ublic records and government documents available from
reliable sources on the Internet, such as websites run by governmental agencies”) (simplified).
On February 27, 2025, the Court granted Carter leave to file an amended complaint.
(ECF No. 52.) After several delays, Carter filed an amended complaint, which is now the
operative pleading, on August 19, 2024. Carter alleges in the amended complaint that numerous
ODOC officials violated the First, Fourth, Eighth, and Fourteenth Amendments to the United
States Constitution and the Americans with Disabilities Act (“ADA”) by failing to protect Carter
from violent individuals in custody, failing to provide adequate mental health treatment,
subjecting him to sexual harassment, retaliating against him, failing to properly respond to his

1

It is unclear from the record whether Carter was transferred to Oregon pursuant to the
Interstate Corrections Compact, codified at OR. REV. STAT. § 421.245, or the Western Interstate
Corrections Compact, codified at OR. REV. STAT. § 421.284.
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grievances, and violating the interstate compact in several respects. (See ECF No. 83.)
Defendants filed an answer on November 4, 2024. (ECF No. 96.)
Carter thereafter filed a flurry of motions, which included multiple requests for the
appointment of pro bono counsel, various discovery challenges, several requests for a TRO or
preliminary injunction, and multiple requests for leave to file an amended complaint. Magistrate
Judge Mark Clarke addressed many of Carter’s motions during a telephonic status conference on
February 20, 2025 (see ECF No. 135), but referred the motions for leave to file an amended
complaint and for preliminary injunction to the undersigned for resolution. Defendants oppose
the motions.
DISCUSSION
I.

Motions to Amend
In his motions to amend, Carter seeks to add claims against three MDOC officials: Jim

Salmonsen, the MSP warden; Brian Gutker, the MDOC director; and Greg Gioforte, whose role
with MDOC is not disclosed (together, “proposed Montana Defendants”). Carter did not submit
with any of his motions a proposed amended complaint, but he alleges that he “has countless
documents showing a continuing harm . . . over a long duration of time and the negl[igence] of
the M.D.O.C. and those that govern it[,]” and insists that the proposed Montana Defendants must
be added as defendants to this lawsuit because they “created the compact agreement” and
“should be held account[able] for their role in the wrongs against [Carter] while at O.S.C.I.” (See
Mots. to Amend.)
Pursuant to Federal Rule of Civil Procedure (“Rule”) 15(a)(2), “a party may amend its
pleading only with the opposing party’s written consent or the court’s leave.” The court should
“freely” give leave to amend “when justice so requires,” FED. R. CIV. P 15(a)(2), and a motion to
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amend “generally shall be denied only upon showing of bad faith, undue delay, futility, or undue
prejudice to the opposing party[,]” Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143, 1152
(9th Cir. 2011).
To the extent Carter seeks to amend his pleading to add claims against the proposed
Montana Defendants arising out of his confinement in Montana before or after his time in
custody at OSCI, such amendments are futile. Such claims belong in a separate lawsuit because
they are distinct from the claims raised against in the amended complaint, and concern parties
over which the Court lacks jurisdiction. See Int’l Shoe Co. v. State of Wash., Off. of Unemp.
Comp. and Placement, 326 U.S. 310, 316 (1945) (a court lacks personal jurisdiction over a
nonresident defendant unless that defendant has “certain minimum contacts with [the forum
state] such that the maintenance of the suit does not offend traditional notions of fair play and
substantial justice”); see also George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (explaining that
“[u]nrelated claims against different defendants belong in different suits, not only to prevent the
sort of morass [suits involving multiple claims and defendants] produce, but also to ensure that
[individuals in custody] pay the required filing fees”); (Reed v. Newsom, No. 3:20-cv-2439-AJBMDD, 2021 WL 2633634, at *6 (S.D. Cal. June 25, 2021) (“Because Plaintiff has joined
unrelated claims from myriad alleged incidents at different prisons against different defendants,
the Complaint must be dismissed”).
To the extent Carter seeks to amend his pleading to add claims against the proposed
Montana Defendants for “creating the compact agreement” and transferring Carter to OSCI, such
amendments also are futile. It is well established that an individual in custody has no
constitutional right to be incarcerated in a particular institution or housing unit, or to avoid being
transferred from one facility to another. Meachum v. Fano, 427 U.S. 215, 224-28 (1976); see
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also Rizzo v. Dawson, 778 F.2d 527, 530 (9th Cir. 1985) (explaining that “[a]n inmate’s liberty
interests are sufficiently extinguished by his conviction so that the state may change his place of
confinement even though the degree of confinement may be different and prison life may be
more disagreeable at one institution than in another”). In addition, state officials’ violation of an
interstate compact that “sets forth procedures governing the interstate transfer of state prisoners,
and . . . ensures that such prisoners maintain certain rights provided by the sending state,” cannot
serve as a basis for a Section 1983 claim because it is not “federal law.” Ghana v. Pearce, 159
F.3d 1206, 1207-09 (9th Cir. 1998); see also Little v. Brown, No. 2:14-cv-1964 CKD P., 2014
WL 4661942, at *3 (E.D. Cal. Sept. 18, 2014) (holding that that the plaintiff failed to state a
cognizable Section 1983 claim where he alleged that his transfer from California to Oklahoma
violated his constitutional rights because it resulted in various hardships at the receiving prison).
Although Carter asserts that the proposed Montana Defendants bear ultimate responsibility for
the conduct of numerous ODOC officials, such vague and conclusory allegations are insufficient
to establish liability under Section 1983. See Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir.
1982) (explaining that “[v]ague and conclusory allegations of official participation in civil rights
violations” are not sufficient to establish supervisory liability under Section 1983). Accordingly,
the Court denies Carter’s motions to amend.
II.

Motions for TRO/Preliminary Injunction
Carter’s motions for injunctive relief target MDOC officials, policies, and procedures that

have allegedly hampered Carter’s efforts to litigate this case or otherwise violated his
constitutional rights since his return to MSP. Carter seeks court orders requiring MDOC officials
to provide him with preferential housing, mental health treatment, a program tailored to his
“rehabilitation needs,” access to an “ADA laptop” loaded with Oregon statutory law and this
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Court’s local rules, unfettered communication with individuals in custody in Oregon, and
modified procedures for processing Carter’s legal mail (see Mots. for TRO/PI).
A preliminary injunction is an “extraordinary remedy that may only be awarded upon a
clear showing that the defendant is entitled to such relief.” Winter v. Nat. Res. Def. Council, 555
U.S. 7, 22 (2008). To establish entitlement to a preliminary injunction, a plaintiff generally is
required to demonstrate “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.” Id. at 20. The standard for granting a temporary
restraining order is “substantially identical” to the standard for granting a preliminary injunction.
Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001)). Where
an individual in custody seeks a preliminary injunction or temporary restraining order with
respect to prison conditions, such relief, if granted, “must be narrowly drawn, extend no further
than necessary to correct the harm the court finds requires preliminary relief, and be the least
intrusive means necessary to correct that harm.” 18 U.S.C. § 3626(a)(2).
Where, as here, a plaintiff seeks to enjoin individuals who are not defendants to the
underlying lawsuit, a court may issue an injunction against non-parties only if they act “in active
concert or participation with” an enjoined party. FED. R. CIV. P. 65(d)(2); see also Zepeda v. INS,
753 F.2d 719, 727 (9th Cir. 1984) (explaining that “[a] federal court may issue an injunction if it
has personal jurisdiction over the parties and subject matter jurisdiction over the claim” but “may
not attempt to determine the rights of persons not before the court”). The plaintiff also must
establish that there is “a relationship between the injury claimed in the motion for injunctive
relief and the conduct asserted in the underlying complaint.” Pac. Radiation Oncology, LLC v.
Queen’s Med. Ctr., 810 F.3d 631, 636 (9th Cir. 2015). Absent “a sufficient nexus between the
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claims raised in a motion for injunctive relief and the claims set forth in the underlying
complaint[,]” a district court “lacks authority to grant the relief requested.” Id.
Carter seeks to enjoin MDOC officials, non-parties to this action, with respect to the
conditions of Carter’s confinement at MSP. Carter does not plausibly allege that any MDOC
official worked in active concert with any enjoined party to this action, and the relief Carter
seeks is unrelated to the claims asserted in the amended complaint. Although Carter alleges that
various issues at MSP are preventing him from effectively litigating this case, those allegations
concern consequences arising from the allegedly unconstitutional conditions of Carter’s current
confinement at MSP and do not establish a “sufficient nexus” to the separate constitutional
violations that allegedly occurred at OSCI while Carter was in ODOC custody as detailed in the
amended complaint. See, e.g., Franklin v. Nevada, No. 3:23-cv-00291-ART-CSD, 2025 WL
448688, at *4-5 (D. Nev. Jan. 15, 2025) (holding that the plaintiff’s request for injunctive relief
lacked a sufficient nexus where the events underlying the motion for injunctive relief “occur[red]
after the events in the complaint, in a different facility[,]” and were “distinct from the claims” in
the complaint); Silva v. Stogner, No. 3:20-cv-00027-ART-CSD, 2023 WL 6973697, at *2 (D.
Nev. Oct. 23, 2023) (explaining that “[a]lthough [the plaintiff]’s claim bears some relationship to
his TRO motion, in that he claims that prison officials are retaliating against him by obstructing
his ability to litigate this case, this allegedly retaliatory conduct involves different officials and
different conduct than his underlying claims” (emphasis in original)). The Court therefore cannot
grant the injunctive relief Carter seeks and must deny his motions. See Pac. Radiation Oncology,
810 F.3d at 637 (affirming denial of TRO because the plaintiff’s motion for injunctive relief was
unrelated to its underlying complaint).
///
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CONCLUSION
For the reasons stated, the Court DENIES Carter’s Motions for Leave to Amend
Complaint (ECF Nos. 105, 122, 131) and Motions for Temporary Restraining Order and
Preliminary Injunction (ECF Nos. 102, 106, 123).
IT IS SO ORDERED.
DATED this 12th
____ day of March, 2025.
_________________________
/s/Ann Aiken
Ann Aiken
United States District Judge

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