Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. Connolly

January 30, 2008

JOHNATHAN JOHNSON, PLAINTIFF,
v.
B. CONNOLLY, DOCTOR, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Thomas J. Mcavoy, Senior Judge

DECISION and ORDER

Presently before the Court is a Motion by Johnathan Johnson*fn1 ("Plaintiff" or "Johnson") for injunctive relief. Dkt. No. 21. The Defendants have filed a Response in opposition to the Motion (Dkt. No. 25), and Plaintiff filed a Reply. Dkt. No. 26.

I. Background

A. Proceedings in the Western District of New York

This action was filed on February 15, 2007*fn2 in the Western District of New York.

Initially, the Western District denied Plaintiff's application to proceed in forma pauperis due to the fact that Plaintiff has garnered "three strikes." Dkt. No. 4. Thereafter, Plaintiff moved for reconsideration, and the Court granted Plaintiff leave to proceed with this action in forma pauperis. Dkt. No. 6. The Court also directed Plaintiff to file an amended Complaint, which Plaintiff filed on April 16, 2007. Dkt. No. 7. Plaintiff filed a Motion for a Preliminary on August 14, 2007. Dkt. No. 8. However, it does not appear that the Defendants were ever directed to respond to the Motion.

On October 4, 2007 the Defendants made a Motion for a Change of Venue. Dkt. No. 14. That Motion was granted and the case was transferred to this District. Dkt. No. 16.

B. Proceedings in this District

Plaintiff's amended Complaint alleges causes of action for deliberate indifference due to the Upstate Correctional Facility's staff failing to provide Plaintiff with the same medications as provided to him at Elmira Correctional Facility, retaliatory transfer from Elmira to Upstate due to Plaintiff's request that video tape of an incident be preserved for future litigation, and failure to protect Plaintiff from known enemies at Upstate Correctional Facility. See Dkt. No. 7. With respect to the alleged failure to protect, Plaintiff alleges that he wrote to the deputy superintendent of security regarding his safety concerns "to no avail." Id., paragraph 26. Plaintiff further alleges that he is "being forced" by the facility administration to go to the visiting room. Id., paragraph 25.

Defendants filed their Answers to the amended Complaint on December 12, 2007. Dkt. Nos. 19 and 20. Thereafter, on December 19, 2007 Plaintiff filed a Motion for a Preliminary Injunction. Dkt. No. 21. Defendants responded to the Motion for Preliminary Injunction on January 4, 2008. Dkt. No. 25. Plaintiff filed a Reply on January 16, 2008. Dkt. No. 26. Because the two Motions seek the same relief, the first Motion will be denied as moot and the Court will consider the Motion for Preliminary Injunction filed on December 19, 2007.

II. Motion for Injunctive Relief

In this Motion, Plaintiff seeks an Order directing the Defendants to "transfer plaintiff to another facility for his and family safety from Upstate Correctional Facility's blood gang members to a correctional facility where plaintiff could be safe from violence on inmate visitor program [visiting room] and other areas of a state of department of correctional facility in close or close area for visits with plaintiff's family members. And in a facility that plaintiff could be properly supervise and properly protected on and off the visits at the present facility." Dkt. No. 21, pages 1-2.

In support of his Motion, Plaintiff alleges that on November 21, 2007, while returning from Sing Sing Correctional Facility, Plaintiff was attacked at Downstate Correctional Facility on the transport bus. Plaintiff alleges that the attack was by an unknown blood gang member who Plaintiff was shackled to during transport. Plaintiff alleges that he suffered a broken hand from the November 21, 2007 attack. Plaintiff alleges that the prison officials at Upstate were warned about Plaintiff's enemies at Upstate prior to the attack. Plaintiff attached letters dated April 25, 2007 to Brian Fischer and Lucien Leclaire alleging that he has been threatened by unidentified gang members.*fn3 Dkt. No. 21, pages 8-9 and 12-13. Also attached to the Motion is a fax transmittal sheet, dated May 1, 2007, from Mr. LeClaire to Superintendent Woods, at Upstate Correctional Facility, directing an investigation into the allegations. There is a handwritten notation signed by Superintendent Woods stating "Investigate and respond as directed below. Ensure the supervisor investigating seeks the names of identity of those he claims are threatening him, when, where, and how he receives the threats." Dkt. No. 21, Page 14. Plaintiff provided no information regarding the result of that investigation with this motion.*fn4 Plaintiff filed a grievance on December 8, 2007 based upon the November 21, 2007 incident, seeking transfer out of Upstate Correctional Facility. Dkt. No. 21, page 17.

In their Response to this Motion, Defendants assert that Plaintiff has no right to be confined at a facility of his choice. Defendants argue that Plaintiff's assertion that he might be injured at Upstate does not rise to the level of irreparable harm. Dkt. No. 25. In addition, the Defendants note that Plaintiff's only allegations of injury is an event that occurred while Plaintiff was traveling between facilities, not while he was housed at Upstate. Defendants claim that, "[i]f anything, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.