Faunce v. Bick

Summary

The document contains findings and recommendations recommending denial of David Faunce’s motion for a preliminary injunction in a 42 U.S.C. § 1983 action concerning alleged denial of medical treatment and orthotic devices. The court concluded that Plaintiff had not shown a likelihood of success on the merits or likely irreparable harm, and had not adequately supported the remaining preliminary-injunction factors. Objections were due within thirty days.

Holdings

1. Plaintiff did not establish a likelihood of success on the merits, likely irreparable harm, or the remaining preliminary-injunction factors; therefore, his motion for a preliminary injunction should be denied.
2. A federal court may not issue injunctive relief concerning claims not pleaded in the complaint or persons not before the court through personal and subject-matter jurisdiction.

Questions Presented

1. Whether Faunce established the requirements for a preliminary injunction based on his claims of deliberate indifference to serious medical needs.
2. Whether the requested injunction could issue when the court had screened the complaint and found no cognizable deliberate-indifference claim and when the requested relief was not supported by evidence of likely irreparable harm.
3. Whether the requested prospective prison relief complied with the Prison Litigation Reform Act's narrow-tailoring and least-intrusive-means requirements.

Disposition

other