United States District Court, N.D. Indiana, Fort Wayne Division
EDWARD M. HAMPTON, Plaintiff,
COUNTY OF ALLEN, COOK, WALTON, and NURSE, Defendant.
OPINION AND ORDER
P. SIMON UNITED STATES DISTRICT JUDGE.
M. Hampton is a prisoner who has been barred from proceeding
in forma pauperis under 28 U.S.C. § 1915(g),
except on claims alleging that he is under imminent danger of
serious physical injury. See Hampton v. Cox, No.
1:16-cv-354 (S.D. Ind. Aug. 5, 2016) (DE 15); Hampton v.
Smith, No. 1:16-cv-854 (S.D. Ind. Aug. 24, 2016) (DE
11); Hampton v. Matthews, No. 1:16-cv-2237 (S.D.
Ind. Aug. 25, 2016) (DE 5); Hampton v. Roberts, No.
1:16-cv-563 (S.D. Ind. Aug. 26, 2016) (DE 17).
complaint, Hampton alleges that he is in imminent danger
because he is being denied medical treatment by an unnamed
nurse at the Allen County Jail. (DE 1.) Specifically, he
claims that he has not received treatment for a dental
filling he lost on February 6, 2017, and that he is in severe
pain. He also alleges he is being denied treatment for
flesh-eating fungi on his feet and shins, which he believes
may result in the loss of both feet. These allegations
satisfy the “imminent danger standard, ” and he
has been granted leave to proceed in forma pauperis
so that he can pursue injunctive relief to obtain medical
treatment for his these medical conditions. See generally
Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir.
Hampton is suing an unnamed nurse, who is not the proper
defendant for this injunctive relief claim. It is the Allen
County Sheriff in his official capacity who is responsible
for providing adequate medical care at the Allen County Jail.
Therefore, the Allen County Sheriff will be added as a
second problem with Hampton's complaint is that the
injunctive relief Hampton seeks is transfer to another jail.
That is not an appropriate remedy because prisoners are
“not entitled to demand specific care[, nor are they]
entitled to the best care possible.” Forbes v.
Edgar, 112 F.3d 262, 267 (7th Cir.1997). Moreover, under
the Prison Litigation Reform Act, “[w]here prison
conditions are found to violate federal rights, remedial
injunctive relief must be narrowly drawn, extend no further
than necessary to correct the violation of the Federal right,
and use the least intrusive means necessary to correct the
violation of the Federal right.” Westefer v.
Neal, 682 F.3d 679, 683 (7th Cir. 2012) (internal
quotation marks, brackets, and citations omitted). For these
reasons, if injunctive relief is justified and therefore
granted, it will be limited to requiring the Allen County
Sheriff to provide Hampton with medical treatment as required
by the U.S. Constitution.
preliminary injunction is an extraordinary and drastic
remedy, one that should not be granted unless the movant, by
a clear showing, carries the burden of persuasion.”
Mazurek v. Armstrong, 520 U.S. 968, 972 (1997). To
obtain preliminary injunctive relief, the moving party must
demonstrate that he or she has a reasonable likelihood of
success on the merits, lacks an adequate remedy at law, and
will suffer irreparable harm if immediate relief is not
granted. Girl Scouts of Manitou Council, Inc. v. Girl
Scouts of U.S., Inc., 549 F.3d 1079, 1086 (7th Cir.
2008). Before I can decide whether a preliminary injunction
is appropriate in this case, I need more information.
Therefore, I will order the Allen County Sheriff to file a
report about Hampton's medical condition and what
treatment he has received for his lost dental filling and the
flesh-eating fungi on his shins and feet.
Hampton's complaint alleges two additional claims that
are unrelated to his medical claims-specifically that he was
denied access to the law library by Allen County and Captain
Cook and that his mail was confiscated by Lieutenant Walton.
“Unrelated claims against different defendants belong
in different suits[.]” George v. Smith, 507
F.3d 605, 607 (7th Cir. 2007). These claims are unrelated to
Hampton's medical claims and do not allege imminent
danger. Therefore, they will be dismissed without prejudice.
See Wheeler v. Wexford Health Sources, Inc., 689
F.3d 680, 683 (7th Cir. 2012). If Hampton wants to pursue
these claims (which are unrelated to each other), he needs to
file two separate lawsuits for which he must pre-pay the $400
filing fee for each one.
(1) Hampton is GRANTED leave to proceed against the Allen
County Sheriff in his official capacity for injunctive relief
to obtain medical treatment for a lost dental filling and a
flesh-eating fungi on his feet and shins, which creates an
imminent danger of serious physical injury by causing severe
pain and the possible loss of both feet;
(2) the Clerk is DIRECTED to add the Allen County Sheriff in
his official capacity as a defendant;
(3) the Clerk is DIRECTED to transmit summons and USM-285 for
the Allen County Sheriff to the U.S. Marshals Service, along
with a copy of the complaint and this order;
(4) the U.S. Marshals Service is DIRECTED, pursuant to 28
U.S.C. § 1915(d), to effect service of process on the
Allen County Sheriff by April 14, 2017;
(5) the Allen County Sheriff is ORDERED, pursuant to 42
U.S.C. § 1997e(g)(2), to respond, as provided for in the
Federal Rules of Civil Procedure and Northern District of
Indiana Local Rule 10-1(b), only to the claim for which
Hampton has been granted leave to proceed in this screening
(6) the Allen County Sheriff is ORDERED, by May 8, 2017, to
file under seal and to serve on Hampton his pertinent medical
records and a report describing his medical condition and
what treatment he has received for his lost dental ...