Richard Paiva, as successor to Joseph Morris, individually and on behalf of all others similarly situated v. Wayne Salisbury, in his capacity as the Director of the State of Rhode Island Department of Corrections, as successor to Anthony Travisono

Summary

This Report and Recommendation addresses a pro se class member’s emergency motion for a temporary restraining order and preliminary injunction against the Rhode Island Department of Corrections. The court recommends summary denial because the Interim Order did not prohibit the challenged, court-approved adjustments concerning tablet privileges, and the movant did not establish likelihood of success, irreparable harm, or that the equitable factors favored relief. The recommendation is without prejudice to pursuing a claim under 42 U.S.C. § 1983.

Holdings

1. The Interim Order did not prohibit the Rhode Island Department of Corrections from making the May 2025 adjustments clarifying the loss or suspension of tablet functions because the Order expressly permitted adjustments during good-faith implementation and the adjustments did not alter the thirty-day disciplinary-confinement limit or the disciplinary-hearing process.
2. Shepard was not entitled to emergency injunctive relief because he failed to show a likelihood of success on the merits, irreparable harm, or that the balance of equities and public interest favored an injunction.

Questions Presented

1. Whether the Interim Order prohibited the Rhode Island Department of Corrections from making the May 2025 adjustments to its policies concerning tablet functions.
2. Whether Shepard established the requirements for a temporary restraining order or preliminary injunction under the traditional four-factor equitable test and the Prison Litigation Reform Act.
3. Whether an individual class member could obtain individualized injunctive relief to enforce the Interim Order based on alleged deviations from prison policies.

Disposition

other