Hensley v. Hebert ( 2021 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA DONALD HENSLEY, JR. (#112218) CIVIL ACTION VERSUS 20-703-SDD-RLB GABRIEL HEBERT, ET AL. ORDER Before the Court is the plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction. (R. Doc. 18). The pro se plaintiff, an inmate confined at the Louisiana State Penitentiary (“LSP”), Angola, Louisiana, filed this proceeding pursuant to 42 U.S.C. § 1983 against defendants Barton and Gabriel alleging that his constitutional rights have been violated due to unconstitutional conditions of confinement. He prays for injunctive and monetary relief. In his Motion, the plaintiff alleges that he has been without a light in his cell for many months resulting in migraines, blurred vision, and dizziness. He seeks to be transferred to a different area of the prison in order to be removed from the alleged unconstitutional conditions of confinement. See R. Doc. 18. As such, the relief sought by the plaintiff in his Motion is generally co-extensive with the relief sought in his Complaint, as amended. As a general rule, preliminary injunctions and temporary restraining orders are designed to preserve the status quo prior to the court's consideration of a case on its merits, and they are not intended as a substitute for relief on the merits of the case. See generally Federal Savings & Loan Insurance Corp. v. Dixon, 835 F.2d 554, 558 (5th Cir.1987); Shanks v. City of Dallas, Texas, 752 F.2d 1092, 1096 (5th Cir.1985). Otherwise, the normal procedures of litigation would be circumvented by trying a case on the merits through a motion for injunctive relief. For this reason, the plaintiff’s Motion should be denied. Additionally, “A preliminary injunction is an extraordinary and drastic remedy; it is never awarded as of right.” Munaf v. Geren, 553 U.S. 674, 689-90 (2008) (internal citations and quotations omitted). See also Allied Marketing Group., Inc. v. CDL Marketing, Inc., 878 F.2d 806, 809 (5th Cir. 1989) (preliminary injunctive relief “is an extraordinary remedy and should be granted only if the movant has clearly carried the burden of persuasion with respect to all four factors”); Mississippi Power & Light Co. v. United Gas Pipe Line Co., 760 F.2d 618, 621 (5th Cir. 1985) (“[t]he decision to grant a request for preliminary injunction is to be treated as the exception rather than the rule”). The decision whether to grant or deny a request for a preliminary injunction is within the sound discretion of the Court. See Allied Mlttg. Grp., Inc., 878 F.2d at 809. At all 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. See Ridgely v. Fed. Emergency Mgmt. Agency, 512 F.3d 727, 734 (5th Cir. 2008). 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 preliminary injunction. See Roho, Inc. v. Marquis, 902 F.2d 356, 261 (5th Cir. 1990) (declining to address the remaining elements necessary to obtain a preliminary injunction after finding that the plaintiff failed to show a substantial likelihood of success on the merits). In the instant matter, any harm which has or 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. Accordingly, IT IS HEREBY ORDERED that plaintiff's Motion (R. Doc. 18) is DENIED, without prejudice to refiling if the plaintiff is, as of the date of this Order, still housed in a cell without a light. Signed in Baton Rouge, Louisiana the 14th day of September, 2021. CHIEF ais SHELLY D. DICK UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA