Pewitte v. Haycraft et al

Filing 93

REPORT AND RECOMMENDATION: For the reasons stated above, the undersigned Magistrate Judge recommends that Plaintiff's motion for preliminary injunction and temporary restraining order (Docket Entry No. 82 ) be denied. Signed by Magistrate Judge John S. Bryant on 8/8/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
SAIDRICK PEWITTE,

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Plaintiff
v.
F/N/U HAYCRAFT, et al.,
Defendants
TO:

Case 3:13-0484
Judge Campbell/Bryant

THE HONORABLE TODD CAMPBELL
REPORT AND RECOMMENDATION
Plaintiff Saidrick Pewitte, a prisoner proceeding pro se,

has filed his motion for an injunction and temporary restraining
order (Docket Entry No. 82). In this motion, Plaintiff seeks an
injunction prohibiting Defendant Haycraft and nonparties Shane
Adcock and Michael Parris from transferring Plaintiff to the
Trousdale Turner Correctional Center in Hartsville, Tennessee. As
grounds, Plaintiff Pewitte claims that the restraints (shackles and
handcuffs)

that

will

be

required

for

this

transfer

would

necessarily subject him to unnecessary pain and suffering as well
as irreparable harm (Docket Entry Nos. 83 and 88). Defendant
Haycraft has filed a response in opposition (Docket Entry No. 84).
STATEMENT OF THE CASE
In his complaint, Plaintiff Pewitte alleges that on May
1, 2013, Defendant Haycraft placed handcuffs on Plaintiff’s wrists
in preparation for a transfer of Plaintiff from the West Tennessee

State Penitentiary (“WTSP”) in Henning, Tennessee, to the Morgan
County

Correctional

temporary

stop

at

complex
the

in

Charles

Wartburg,
Bass

Tennessee,

Correctional

with

Complex

a
in

Nashville. Plaintiff alleges that the handcuffs used by Defendant
Haycraft were too small and too tight, and that although he
complained to Defendant Haycraft she failed to remedy this problem.
Plaintiff alleges that as the result of these handcuffs being too
tight as well as his underlying diabetic condition, he received
bruising and blistering of his wrists by the time he finally
arrived at the Morgan County facility hours later in the day
(Docket Entry No. 1).
In his instant motion, Plaintiff Pewitte seeks an order
prohibiting his transfer from the Northwest Correctional Complex in
Tiptonville, Tennessee, to the Trousdale Turner Correctional Center
in Hartsville, Tennessee. Significantly, Plaintiff fails to allege
that Defendant Haycraft, currently the only Defendant in this case,
would have any responsibility for or role in his proposed transfer
to the Trousdale Turner facility. Haycraft apparently worked at
WTSP in May 2013. In addition, the other two individuals, Shane
Adcock and Michael Parris, are not parties to this case.
ANALYSIS
When

considering

a

party’s

motion

for

preliminary

injunctive relief, the district court must balance four factors:
2

(1)

whether

the

plaintiff

has

shown

a

strong

or

substantial likelihood or probability of success on
the merits;
(2)

whether the plaintiff has shown irreparable injury;

(3)

whether the issuance of a preliminary injunction
would cause substantial harm to others; and

(4)

whether the public interest would be served by
issuing a preliminary injunction.

Newsom v. Norris, 888 F.2d 371, 373 (6th Cir. 1989).
First, Plaintiff Pewitte has failed to show a strong or
substantial likelihood or probability of success because he has
made no showing that handcuffs or leg shackles would be placed too
tightly

during

his

transfer

from

the

Northwest

Correctional

facility to the Trousdale Turner facility just because Defendant
Haycraft allegedly applied handcuffs too tightly during a transfer
that occurred three years ago. Plaintiff makes no claim that it is
impossible to employ handcuffs or shackles on him without exposing
him to an unreasonable risk of injury. Similarly, Plaintiff has
shown no irreparable injuries based upon his concern that a
correctional officer might apply handcuffs too tightly during his
proposed transfer. In general, courts proceed with the utmost care
in enjoining state prison officials in recognition of the unique
nature of the prison setting and the need to preserve internal
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order, discipline, and institutional security. Ward v. Dyke, 58
F.3d 271, 273 (6th Cir. 1995); Kendrick v. Bland, 740 F.2d 432, 438
n. 3 (6th Cir. 1984).
For the foregoing reasons, the undersigned Magistrate
Judge finds that Plaintiff Pewitte has failed to establish the
necessary elements to justify a preliminary injunction prohibiting
his transfer to the Trousdale Turner Correctional Center.
Finally,

it

appears

from

the

record

that

Plaintiff

Pewitte’s transfer to the Trousdale Turner Correctional Center has
now been accomplished, and, therefore, Plaintiff’s motion for
preliminary

injunction

has

been

rendered

moot.

According

to

Plaintiff’s filing, the handcuffs used during this transfer were
larger, but according to Plaintiff, still left some swelling and
soreness. However, Plaintiff reports that sitting on the bus during
transfer was worse (Docket Entry No. 89 at 2).
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge recommends that Plaintiff’s motion for preliminary injunction
and temporary restraining order (Docket Entry No. 82) be denied.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

of

this

Report

and

Recommendation in which to file any written objections to this
Recommendation with the District Court. Any party opposing said
4

objections shall have 14 days from receipt of any objections filed
in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S.
Ct. 466, 88 L.Ed.2d 435 (1985), Reh’g denied, 474 U.S. 1111 (1986).
ENTER this 5th day of August, 2016.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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