United States District Court, S.D. Indiana, Indianapolis Division
ORDER DENYING MOTIONS RELATED TO THE PLAINTIFF'S
REQUEST FOR PRELIMINARY INJUNCTION
R. SWEENEY II JUDGE
pending before the Court are a number of plaintiff Keandre
Arnold's motions for preliminary injunction and for a
hearing for the pending motions. Dkts. 17, 44, 47, 48, 56,
and 57. For reference, the claims that are proceeding in this
action are that:
(1) Dr. Keris, Ms. Stevens, Ms. Black, Mr. Canniff, Dr. Daws,
Lt. Sexton, Major Davis, Mr. Lowe, and Mr. Hubbler violated
Mr. Arnold's due process rights by taking his personal
property, restraining him in a bed on June 9, 2018, and
issuing sanctions including the denial of a mattress for 90
days with no process for appeal;
(2) Dr. Keris, Ms. Stevens, Ms. Black, Mr. Canniff, Dr. Daws,
Lt. Sexton, Major Davis, Mr. Lowe, and Mr. Hubbler violated
Mr. Arnold's right to equal protection because they
allegedly denied him the same privileges, specifically
religious literature, access to his medical records, and
adequate recreation, that white and non-Muslim inmates
(3) Dr. Keris, Ms. Stevens, Ms. Black, Mr. Canniff, Dr. Daws,
Lt. Sexton, Major Davis, Mr. Lowe, and Mr. Hubbler placed Mr.
Arnold, a seriously mentally ill offender, in a
segregation-like setting in violation of the Eighth
Procedural Background of the Preliminary Injunction
Arnold's September 4, 2018, motion for preliminary
injunction/temporary restraining order requests that the
Court issue an order requiring: (1) the transfer of Mr.
Arnold from New Castle Correctional Facility to Indiana State
Prison; (2) the return of his personal property; (3) weekly
therapy sessions with Dr. Keris; (4) the transfer of Mr.
Arnold to another housing range; (5) the provision of
recreation time; and (6) access to the law library and
J-Pay/mailing system. Dkt. 17. Mr. Arnold specifically
requests that he remain under the sole care of Dr. Keris.
Dkt. 17-1 at 2.
response, the medical defendants (Craig Canniff, Jacqueline
Black, Kristina Stevens, Ellen Keris, and Kristen Dauss)
explain that Mr. Arnold has a “long history of mental
and behavioral instability which over time has unfortunately
manifested into a number of behavioral outbursts,
disciplinary infractions and suicide attempts.” Dkt. 39
at 3. As a result, Mr. Arnold was transferred and admitted to
the New Castle Psychiatric Unit. Id. at 4.
Since a serious suicide attempt in November 2016, Mr. Arnold
“has been closely monitored and all considerations for
available property, housing assignments and phase levels must
be discussed through [his] treatment team.”
medical defendants explain that a transfer to a new facility,
for broader access to his personal property, or a transfer to
a different cell house is not indicated currently and may
only be made as a result of careful consideration and
discussion from his psychiatric team. Id. at 4. They
also explain that Mr. Arnold has consistent access to group
therapy twice a week as well as individualized therapy every
other week and mental health medication through a licensed
psychiatrist, but that Mr. Arnold “does not have a
strong track record for participation and engagement with
group and individual therapy, as [he] is known to skip group
sessions or not engage in discussions when present.”
Id. at 4-5. As to recreation time, the medical
defendants note that he is offered daily recreation.
Id. at 5-6. The medical defendants explain that the
security staff provide Mr. Arnold with access to the law
library and J-Pay system in accordance with security
directives. Id. at 6. Dr. Keris submitted an
affidavit that “[a]fter [Mr. Arnold] has exhibited the
ability to avoid self-injurious and belligerent behavior, as
well as stable mood and behavior, the treatment team will
consider potential transfers and other accommodations that
can be offered at New Castle.” Id. at 6. Dr.
Keris explained that Mr. Arnold is currently at phase level
3C, which means he is allowed to be uncuffed and have the
highest level of access to property that the treatment team
can offer at New Castle. Dkt. 39-1 at 2. She further explains
that his phase level is reviewed weekly by his treatment
team, and that his phase has been increased twice over the
previous three months, permitting him additional privileges
and access to additional property. Id. at
defendants (Lt. Sexton, Major Davis, Mr. Huber, and Mr. Eric
Lowe) assert in their response that Mr. Arnold's access
to personal property has increased due to his progression
through a certain behavior phase in the mental health unit,
that the GEO defendants have no ability to provide medical or
mental health care to Mr. Arnold, and that Mr. Arnold has
been permitted the use of J-Pay, the law library, and mailing
services, subject to scheduling and staff issues. Dkt. 43.
October 19, 2018, Mr. Arnold filed a second motion for
preliminary injunction requesting that Dr. Keris be
prohibited from exercising her license as a doctor, and that
he be re-evaluated by different mental health staff. Dkt. 44.
October 24, 2018, Mr. Arnold filed a “motion to
intervene/emergency hearing for pending injunction/TRO/Show
cause, ” asserting that he is required to be in
restraints and that medical/mental health treatment is being
forced upon him. Dkt. 47. He also asserts that the defendants
have falsified documents, although he does not identify any
documents that are allegedly falsified, and that another
inmate has attacked him. Id. On the same day, Mr.
Arnold filed a “motion to set hearing on preliminary
injunction & to show cause/motion for discovery.”
Dkt. 48. Mr. Arnold again states that the defendants'
response to his motion for preliminary injunction is false
and provides false testimony. He requests a hearing on the
motion. He also asserts that the defendants have failed to
produce documents they have deemed to be privileged.
November 8, 2018, Mr. Arnold filed a “motion ordering
defendants to show cause for TRO/injunction, ”
requesting that the Court order the defendants to produce
“conduct reports” or other proof documenting his
mental health issues. Dkt. 56. On November 16, 2018, Mr.
Arnold file a “motion order defendants to show cause
and produce, ” ...