United States District Court, E.D. Kentucky, Central Division, Lexington
OPINION AND ORDER
matter is before the Court on the plaintiff Michael
Eaves' motion for a temporary restraining order and
injunctive relief (DE 52). For the following reasons, the
motion must be denied.
is a state prisoner currently incarcerated at Green River
Correctional Complex (“GRCC”). When he filed this
action, he was incarcerated at Northpoint Training Facility.
Since then, he has been transferred three times: first to
Eastern Kentucky Correctional Complex (EKCC), then to Little
Sandy Correctional Complex and, most recently, to GRCC.
complaint, he alleges that he is mentally and physically
disabled. He asserts that he has bipolar disorder, is blind
in one eye, and has significant hearing loss. He states that,
due to his disabilities, he is “bottom bunk
restricted.” He asserts that he was approved for the
“Honors Program” at Northpoint in July 2016, but
he was informed that a bottom bunk was not available in the
program and that it may take up to a year for a bottom bunk
to become available.
explains that residing within the Honors Program is safer for
inmates than residing within the general population because
the inmates in the Honors Program are less likely “to
rob and fight and extort” than the inmates in the
general population. (DE 10, Amended Complaint at 10.)
Further, he asserts that inmates in the Honors Program have
greater access to the main yard, the gym, and the canteen
than the general population.
asserts that bottom bunks actually have been available in the
Honors Program at Northpoint since he was accepted into the
program. Nevertheless, he has not been permitted to enter the
on his exclusion from the Honors Program, Eaves filed this
action, asserting claims against five defendants: Rodney
Ballard, who Eaves identified as the Commissioner of the
Kentucky Department of Corrections; Don Bottom, who Eaves
identified as the Warden at Northpoint Training Center; and
three other individuals who Eaves identified as employees at
Northpoint Training Center. These individuals are Christian
Toelke, Brad Adams, and Stefany Hughes. (DE 10, Amended
asserted four claims: violations of the Americans with
Disablities Act (ADA), the Rehabilitation Act (RA), and the
Eighth and Fourteenth Amendments to the U.S. Constitution.
prior opinion, the Court dismissed Eaves' claims under
the RA and ADA against all the defendants, finding that there
is no individual liability under Title II of the ADA. (DE 27,
Opinion.) As to the constitutional claims, the Court
dismissed these claims against Commissioner Ballard, Warden
Bottom, and Deputy Warden Adams but determined that the
claims should not be dismissed against Toelke and Hughes.
result, the sole claims remaining in this action are
Eaves' claims that Toelke and Hughes violated his rights
under the Eighth and Fourteen Amendments by failing to
process his transfer to the Honors Program while he was
incarcerated at Northpoint Training Center.
his motion for a Temporary Restraining Order, Eaves, who is
now housed at GRCC, asserts that certain officials have
retaliated against him for filing the ADA complaint in this
Court. (DE 52, Motion at 1.) The specific remedy that Eaves
requests is a “Temporary Restraining Order and
Injunction to prevent any further acts against Plaintiff and
sanction the KDOC on a level that will undoubtedly deter any
other officials or employees from retaliating against
Plaintiff ….” He further asks the Court to
“investigate these and all claims made within this
action” and “provide a letter of findings to
Plaintiff along with the Defendants and KDOC promptly. . .
.” (DE 52, Motion at 17.)
are a few problems with this motion. First, the Court is part
of the judicial branch of government. It is not able to
conduct investigations to determine if violations of the law
many of the retaliatory actions Eaves alleges in this motion
occurred during the time that Eaves was housed at Northpoint.
These alleged actions include transferring him from
Northpoint to EKCC; restricting his inmate account so that
his family and friends could not make deposits; prohibiting
him from making phone calls by denying him a new phone PIN
number after someone stole his previous PIN number; and
stealing his driver's license from his mail when his
family mailed it to him at Northpoint. These actions have
already occurred. Eaves is no longer housed at Northpoint.
Accordingly, there is nothing for this Court to enjoin the
Northpoint officials from doing. These past actions may
support a claim, but they do not support Eaves' motion
for an immediate order that would prohibit officials from
engaging in ongoing activity.
in support of this motion, Eaves asserts that other allegedly
retaliatory actions occurred at GRCC and are still occurring,
but he has not named any GRCC personnel as defendants in this
action. He alleges that GRCC personnel assigned him to a dorm
where gang members and “problem inmates” are
housed. He alleges that GRCC personnel have failed to punish
gang members when they commit crimes against him; and that,
in fact, GRCC and the Kentucky Department of Corrections
(KDOC) use the gangs to “carry out brutality”
against prisoners who the KDOC wishes to punish. He alleges
that he has not been placed in the Honors Dorm at GRCC, but
that other prisoners have been who did not have Honors status
as long as Eaves did.
this action, however, Eaves has asserted claims against only
officials at Northpoint. The only remaining claims are claims
under the Eight and Fourteenth ...