United States District Court, N.D. Florida, Tallahassee Division
REPORT AND RECOMMENDATION
CHARLES A. STAMPELOS UNITED STATES MAGISTRATE JUDGE.
case was initiated in the Southern District of Florida, ECF
No. 1, based on Plaintiff's complaint against Wexford
Health Services, Inc., the Secretary of the Florida
Department of Corrections, Health Services Director Tom
Reimers, and numerous other prison officials from Martin
Correctional Institution and Wexford Health Services. ECF No.
1 at 3-6. During the pendency of that proceeding, Plaintiff
filed a motion for a temporary restraining order, ECF No. 10.
Because Plaintiff sought redress for claims which were
separate from the claims presented in Plaintiff's initial
complaint, ECF No. 1, and because Plaintiff was located at
Wakulla Correctional Institution which is within the Northern
District of Florida, the motion was transferred to this
Court. ECF Nos. 11, 15. The underlying § 1983 complaint,
ECF No. 1, was not transferred. Moreover, just prior to
Plaintiff's filing of the motion, ECF No. 10, Plaintiff
had been directed to file an amended complaint. ECF No. 7.
this case being opened, Plaintiff was required to file an in
forma pauperis motion, ECF No. 18, which he did, ECF No. 19.
Plaintiff was granted in forma pauperis status,
No. 20, as he demonstrated that he lacked the financial
ability to pay the filing fee for this case and he had
alleged that he was “in threat of imminent death or
great bodily harm” after arriving at Wakulla
Correctional Institution Annex on February 28, 2018. ECF No.
10 at 1, 10. Plaintiff was also required to file an amended
complaint in this new case. ECF No. 20. Plaintiff did so in
late March 2019, ECF No. 21, but it was insufficient to
properly state a claim. See ECF No. 22. Plaintiff
was required to file a second amended complaint, no longer
than 25 pages, but which presents specific facts rather than
Plaintiff has filed a notice of change of address, ECF No.
23, which reveals he has been moved from Wakulla Correctional
Institution and transferred to Florida State Prison. More
recently, Plaintiff also filed a motion requesting leave to
exceed the 25 page limit, ECF No. 24, and he simultaneously
submitted the proposed “second amended
complaint.” ECF No. 25. For purposes of proceeding
expeditiously, the motion, ECF No. 24, is granted and the
second amended complaint, ECF No. 25, is accepted for filing.
the posture for Plaintiff's filing of his motion for
temporary restraining order, ECF No. 10, is unusual. The
motion was separate and apart from the initial complaint
filed in the Southern District, and it is not anchored to the
second amended complaint, ECF No. 25, recently filed in this
motion relates Plaintiff's mental health diagnoses and
his transfer to Charlotte C.I. in 2015. ECF No. 10 at 3.
After several attacks by other prisoners, Plaintiff was
transferred to Martin Correctional Institution in February
2017, id. at 4, where he was again the victim of
prison violence. Id. at 5. In August 2017, he was
placed in administrative confinement pending review for
protection and was evaluated by Dr. Rawson, who Plaintiff
contends failed to renew his psychotropic medication.
Id. at 6-7. Plaintiff further alleges that
“Ms. Lee, ” who is part of the “mental
health staff, ” began “to provoke and encourage
[Plaintiff] to commit suicide.” Id. at 7.
Although Plaintiff reported having suicidal ideations and
other issues to the duty nurse, no help was provided and
Plaintiff attempted to “deliberately overdose on
dangerously toxic pills.” Id. Following his
release from the hospital, Plaintiff was transferred to Lake
Correctional Institution on October 4, 2017. Id. at
8. He alleges that his “treatment was abruptly
stopped” and he “attempted suicide several”
more times. Id. It appears that he was returned to
Charlotte Correctional Institution. Id. He alleges
that the medication Welbutrin had been used in his treatment,
but the “DOC discontinued the distribution of”
that drug. Id. at 9. He indicates that his clinical
physicians recommended certain treatment that has been
impeded by the DOC's actions. Id.
motion details various mental health diagnoses and
medications prescribed. Id. at 9-10. When Plaintiff
was transferred to Wakulla Correctional Institution, however,
an unidentified physician discontinued Keppla, a seizure
medication apparently prescribed for Plaintiff's
“epilepsy or epilepsy like symptoms.”
Id. Plaintiff alleged that the Defendants
“also discontinued furnishing [him] any medical and
mental health treatment” without a medical
justification. Id. at 10. Plaintiff spoke with ARNP
Key who told Plaintiff that she would not provide him with
medical care because he had written grievances against her.
Id. at 10-11.
alleges he faces imminent death or great bodily harm due to
the lack of medical care. Id. at 11, 12. Plaintiff
says that he continues to suffer physical pain due to several
injuries, as well as “intense fear, hopelessness,
despair, anxiety, and physical pain as a result of defendants
discontinuation of [his] epileptic medication.”
Id. Plaintiff says that he still has seizures and
had one “such attack” in July 2018. Id.
also alleges that he had been placed on permanent protective
management (PM) status. Id. at 12. Plaintiff states
that prisoners have a right to waive such status and be
released into the general population of a particular prison
if they feel it “meets their security needs.”
Id. Plaintiff alleges that he attempted to do so,
but “Defendants have continued to hold [him]
hostage” and have not released him from PM.
Id. Plaintiff contends that PM housing at Wakulla
C.I. is an “open dormitory” and he is housed with
gang members who are from the same gang that victimized him
previously. Id. at 14.
states that he had “gone nearly a year without any
Disciplinary Reports (DR) before” his transfer to
Wakulla C.I., but that since arriving, he has received two
Disciplinary Reports and was recommended for close
management. Id. at 13. Plaintiff contends that he is
being punished for filing grievances and is in fear for his
alleges that Defendants “lack the necessary facility
and resources at Wakulla C.I. Annex to satisfy [his] medical
security, and rehabilitative needs.” Id. at
15. He generally alleges that forcing him to stay at that
institution will lead to a decline in his physical and mental
health due to the denial of medical care. Id. at
16-17. Plaintiff requests this Court “intervene and
protect the rights of its most defenseless and vulnerable
citizens.” Id. at 17. He requests a temporary
restraining order or preliminary injunction, the appointment
of counsel, and the appointment of an expert witness.
Id. at 21-30.
or denying a preliminary injunction is a decision within the
discretion of the district court. Carillon Importers,
Ltd. v. Frank Pesce Intern. Group Ltd., 112 F.3d 1125,
1126 (11th Cir. 1997) (citing United States v.
Lambert, 695 F.2d 536, 539 (11th Cir. 1983)).
Preliminary injunctive relief may be granted only if the
moving party establishes:
(1) a substantial likelihood of success on the merits;
(2) a substantial threat of irreparable injury unless the