United States District Court, M.D. Louisiana
RULING AND ORDER
JUDeE SHELLY D. DICK UNITED STATES DISTRICT COURT MIDDLE
DISTRICT OF LOUISIANA
the Court is a pleading captioned "In re: Requesting
Injunction on Department of Corrections, and Louisiana State
Penitentiary Staff and Security Supervisors,
" which this Court construes as a Motion for
Preliminary Injunction (''Motion"). The Court
has carefully considered the Motion along with the attached
exhibit and, for the following reasons, the motion is denied.
Plaintiff, Kintad Phillips. ("Plaintiff) an inmate
confined at the Louisiana State Penitentiary, Angola,
Louisiana, proceeding pro se, filed this civil
action under 42 U.S.C. § 1983 complaining of alleged
violations of his constitutional rights. Specifically,
Plaintiff complains of his job assignment and lack of
treatment for unspecified 'Lserious medieal
needs." Plaintiff alleges that he suffered from
dehydration and fluid in his legs but admits he was treated
for these issues.Similarly, Plaintiff
apparently had impacted bowels but admits the prison also
provided treatment for this problem. Plaintiff also states he, at
some point, had a "gas bubble under [his] heart."
No other mention is made of this ailment, but Plaintiff
complains that, based on his medical issues, his job
assignment is improper, which allegedly demonstrates that
Defendants arc deliberately indifferent to Plaintiffs serious
medical needs. Plaintiff also alleges he was given
medication "that almost killed" him but does not
provide any further details. In his complaint, Plaintiff seeks
relief regarding complaints ranging from a request for
different tennis shoes to an order directing LSP staff to not
retaliate against Plaintiff.
Plaintiffs Motion fails to address the requirements for a
preliminary injunction, which the Court now turns to address,
"A preliminary injunction is an extraordinary and
drastic remedy; it is never awarded as of
right." The decision whether to grant or deny a
request for a preliminary injunction is within the sound
discretion of the Court.
times, the burden of persuasion remains with the Plaintiff as
to each of the four elements. Specifically, a Plaintiff must
establish: (1) a substantial likelihood of prevailing on the
merits; (2) a substantial threat of irreparable injury if the
injunction is not granted; (3) the threatened injury
outweighs any harm that will result to the non-movant if the
injunction is granted; and (4) the injunction will not
disserve the public interest. If a plaintiff fails to meet
his burden regarding any of the necessary elements, the Court
need not address the other elements necessary for granting a
instant Motion, Plaintiff seeks nonspecific relief but it
appears he seeks protection from "the people who were
hired to protect [him]." The Motion also appears to
complain about genera] conditions associated with prison
life. Considering the generality of Plaintiffs complaints,
the Plaintiff has failed to show the facts and law clearly
favor his request for a preliminary injunction. The
Plaintiffs Motion, which does not specify what relief he
seeks, fails to show he has a substantial likelihood of
prevailing on the merits or that there is a substantial
threat he will suffer irreparable injury if the requested
relief is not granted, much less that the law and the facts
clearly favor him. Additionally, any harm which may come to
the Plaintiff is likely to not be irreparable and can be
compensated for monetarily and, if warranted, redressed by
way of a post-judgment injunction and/or restraining order.
the Court is mindful that the Plaintiff is a pro se
litigant, his motion remains insufficient to warrant granting
the immediate relief he seeks at this stage. Importantly,
"only those injuries that cannot be redressed by the
application of a judicial remedy after a hearing on the
merits can properly justify a preliminary
injunction.The Plaintiff has failed to make the
proper showing that his case falls within this exceedingly
narrow exception. Accordingly, IT IS HEREBY ORDERED that
Plaintiffs Motion is DENIED.
in Baton Rouge, Louisiana
 R. Doc. 6.
R. Doc. 1-1, p. 1.
R. Doc. 1-1, p. I.
R. Doc. 1-1, p. 2.