This Muslim prisoner was denied a preliminary injunction on a case involving claims on injury and violation of constitutional rights. The “ninja turtle” description referred to the back brace he wore after injury.
SAMUEL ABDUL-JABBAR, Plaintiff,
SUPERINTENDENT CALVIN E. WEST, Elmira Correctional Facility,
MARY J. HOPKINS, Nurse Administration,
M.D. WESLEY K. CANFIELD,
and JEFFREY FLETCHER, FSA # 2, Defendants.
WESTERN DISTRICT OF NEW YORK
2009 U.S. Dist. LEXIS 75965
Opinion by US Magistrate Judge Leslie G. Foschio, August 26, 2009:
Plaintiff Samuel Abdul-Jabbar (“Plaintiff”), proceeding pro se, commenced this civil rights action pursuant to 42 U.S.C. § 1983 on May 26, 2005, alleging violations of his Eighth Amendment right to be free from cruel and unusual punishment while incarcerated at Elmira Correctional Facility (“Elmira” or “the correctional facility”), related to an incident occurring on February 28, 2005, when Plaintiff, while pushing a mess hall garbage wagon to the correctional facility’s dumpster, stepped into a pothole, fell on his back, twisting his foot and knee.
Plaintiff, incarcerated at Gouveneur Correctional Facility (“Gouveneur”), moves for a preliminary injunction enjoining Defendants Dr. Canfield and Hopkins, as well as various DOCS employees at Gouveneur, from retaliating against Plaintiff for commencing the instant action by subjecting Plaintiff to discrimination, physical abuse, property damage, offensive remarks and harsh treatment. Plaintiff’s Affidavit at 3. In support of the motion, Plaintiff asserts that (1) after undergoing back surgery on March 3, 2008, Gouveneur Correctional Officer (“C.O.”) Brown (“Brown”), in reference to a back brace Plaintiff then wore, called Plaintiff a “ninja turtle“, Plaintiff’s Affidavit at 4; (2) Gouvernuer Housing Sergeant DeMarco and a hearing officer conspired to find Plaintiff guilty of a false misbehavior report charging Plaintiff with failing to keep his living area clean, id. at 4-5; (3) unnamed staff and corrections officers at Gouveneur failed to provide Plaintiff with the “flat steel bottom bed” for which Plaintiff had been medically approved following his back surgery; (4) unnamed prison staff members denied Plaintiff the opportunity to participate in an induction dinner for a Muslim group at Gouveneur, id. at 6-7; and (5) during the second week of November 2008, certain unspecified items were missing from a package Plaintiff retrieved from Gouveneur C.O. Jenkins, id. at 7
Plaintiff presents no evidence, by affidavit or otherwise, supporting a finding that Plaintiff is likely to prevail on the merits of the instant action, or that without the requested injunctive relief, Plaintiff will suffer irreparable harm without such relief. [footnote omitted]
Defendants’ motion seeking summary judgment (Doc. No. 59) is GRANTED; Plaintiff’s motion for a preliminary injunction (Doc. No. 74) is DENIED.