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Brakeall v. Stanwick-Klemik

United States District Court, D. South Dakota, Southern Division

August 13, 2019

WINSTON GREY BRAKEALL, Plaintiff,
v.
JENIFER STANWICK-KLEMIK, ASSOCIATE WARDEN, INDIVIDUALLY AND OFFICIAL CAPACITY; JOSH KLIMEK, WEST CRAWFORD UNIT MANAGER, INDIVIDUALLY AND OFFICIAL CAPACITY; DENNIS KAEMINGK, SECRETARY,' OF CORRECTIONS, INDIVIDUALLY AND OFFICIAL CAPACITY; ROBERT DOOLEY, DIRECTOR OF PRISON OPERATIONS AND WARDEN, INDIVIDUALLY AND OFFICIAL CAPACITY; KELLY TJEERDSMA, CORPORAL, INDIVIDUALLY and OFFICIAL CAPACITY; NICOLE ST. PIERRE, CHAPEL ACTIVITIES COORDINATOR, INDIVIDUAL AND OFFICIAL CAPACITY; TAMMY MERTON-JONES, SENIOR CAC, SDSP, IN HER INDIVIDUAL AND OFFICIAL CAPACITY; ANNIE ANTROBUS, CBM FOOD SERVICES MANAGER, INDIVIDUALLY AND OFFICIAL CAPACITY; .UNKNOWN CBM FOOD SERVICES STAFF, INDIVIDUALLY AND OFFICIAL CAPACITY; UNKNOWN DEPARTMENT OF CORRECTIONS STAFF MEMBERS, INDIVIDUALLY AND OFFICIAL CAPACITY;,, SOUTH DAKOTA DEPARTMENT OF CORRECTIONS, JONATHON FL'EEK, CHAPEL ACTIVITIES COORDINATOR IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; LT. MADDOX, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; TIFFANY VOIGT, IN HER INDIVIDUAL AND OFFICIAL CAPACITY; AND BRENT FLUKE, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; Defendants.

          ORDER

          Lawrence L. Piersol United States District Judge.a

         INTRODUCTION

         Plaintiff, Winston Grey Brakeall, filed this lawsuit under 42 U.S.C. § 1983 and asserted violations of the, Eighth Amendment, the South Dakota Constitution, the Americans with Disabilities Act (Titles I and II), and the Religious Land Use and Institutionalized Persons Act. Dockets 1, 24. Before this Court are Brakeall's motion for injunctive relief (Docket 75) and motions to appoint counsel (Dockets 41 and 74).

         MOTION FOR INJUNCTIVE RELIEF

         Brakeall's motion for injunctive relief (Docket 75) is denied because the relief requested in the motion bears no relationship to his underlying complaint. "A preliminary injunction is an extraordinary remedy." Roudachevski v. Ail-American Care Ctrs., Inc., 648 F.3d 701, 705 (8th Cir. 2011) (citation omitted); see also Hughbanks v. Dooley, 788 F.Supp.2d 988, 992 (D.S.D. 2011). "The burden of proving that a preliminary injunction should be issued rests entirely with the movant." Goff v. Harper, 60 F.3d 518, 520 (8th Cir. 1995).

         "Whether a preliminary injunction should issue involves consideration of (1) the threat of irreparable harm to the movant; (2) the state of the balance between this harm and the injury that granting the injunction will inflict on other parties litigant; (3) the probability that movant will succeed on the merits; and (4) the public interest." Dataphase Sys., Inc. v. CL Sys., Inc., 640 F.2d 109, 113 (8th Cir. 1981) (en banc). The Eighth Circuit held that" 'the failure to show irreparable harm is, by itself, a sufficient ground upon which to deny a preliminary injunction.'" Adam-Mellang v. Apartment Search, Inc., 96 F.3d 297, 299 (8th Cir. 1996) (quoting Gelco Corp. v. Coniston Partners, 811 F.2d 414, 418 (8th Cir. 1987)). Moreover, "in the prison context, a request for injunctive relief must always be viewed with great caution because 'judicial restraint is especially called for in dealing with the complex and intractable problems of prison administration.'" Goff, 60 F.3d at 520 (quoting Rogers v. Scurr, 676 F.2d 1211, 1214 (8th Cir. 1982)). And for an injunction to issue "a right must be violated" and "the court must determine" whether "a cognizable danger of future violation exists and that danger must be more than a mere possibility." Goff, 60 F.3d at 520 (quoting Rogers v. Scurr, 676 F.2d 1211, 1214 (8th Cir. 1982)).

         There must be a relationship between the claims in the underlying complaint and the claims in the motion for injunctive relief. It is inappropriate to grant a preliminary injunction for matters "lying wholly outside the issues in the suit." De Beers Consol. Mines v. United States, 325 U.S. 212, 220 (1945). A plaintiff may not obtain a preliminary injunction "based on new assertions of mistreatment that are entirely different from the claim[s] raised and the relief requested" in his underlying complaint. Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994); see also Omega World Travel v. Trans World Airlines, 111 F.3d 14, 16 (1997) ("[A] preliminary injunction may never issue to prevent injury or harm which not even the moving party contends was caused by thewrong claimed in the underlying action.").

         Here, in Brakeall's motion for injunctive relief (Docket 75), he asks that the defendants "refrain from inspecting, reading, examining, or seizing the legal work or documents produced by the plaintiff." Docket 75 at 1. Brakeall asks for injunctive relief that the defendants not retaliate against him or discipline him for aiding other inmates. Docket 75 at 2. But in this case, Brakeall's underlying claims involve violations of the Eighth Amendment, the South Dakota Constitution, the Americans with Disabilities Act (Titles I and II). The variety of claims within Brakeall's initial and amended complaints are outside of the issues presented in his motion for injunctive relief.

         The Eighth Circuit has considered the relationship requirement in prisoner lawsuits. In Devose, an inmate in state custody filed a complaint alleging that he was being denied adequate medical treatment. 42 F.3d at 471. While that case was pending, Devose sought an injunction to stop prison officials from taking actions that constituted retaliation for his filing of the lawsuit. Id. In affirming the district court's denial of the requested injunction, the Eighth Circuit stated:

Faced with a motion that raised issues entirely different from those presented in Devose's complain the district court concluded that Devose had failed to allege circumstances that entitled him to a preliminary injunction, and denied his motion without a hearing. Devose appeals and we affirm.
A court issues a preliminary injunction in a lawsuit to preserve the status quo and prevent irreparable, harm until the court has an opportunity to rule on the lawsuit's merits.... Thus, a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint.... It is self-evident that Devose's motion for temporary relief has nothing to do with preserving the district court's decision-making power over the merits of Devose's 42 U.S.C. § 1983 lawsuit. To the contrary, Devose's motion is based on new assertions of mistreatment that are entirely different from the claim raised and the relief requested in his inadequate medical treatment lawsuit. Although these new assertions might support additional claims against the same prison officials, they cannot provide the basis for a preliminary injunction in this lawsuit.

Id. (internal citations omitted). Brakeall's motion for injunctive relief is supported by new assertions that are entirely different from those asserted in his underlying complaint. Therefore, Brakeall's motion for injunctive relief (Docket 75) is denied.

         MOTIONS TO APPOINT COUNSEL

         Brakeall filed motions for appointment of counsel. Dockets 41 and 74. Brakeall claims he has discussed representation with Alex Hagen, who was previously appointed to represent Brakeall the case 18-4056. Docket 74 at 1. However, "Hagen nor his firm ...


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