Frederick Antonio Ford v. Anthony Parker, et al.

Summary

The magistrate judge recommends denying as moot Plaintiff Frederick Antonio Ford’s motion for a preliminary injunction in his 42 U.S.C. § 1983 excessive-force action against correctional officers. Because Ford had been transferred from the facility where the alleged conduct occurred and failed to establish a continuing threat or irreparable injury, the recommendation concludes that injunctive relief is unavailable.

Holdings

1. A prisoner's request for injunctive or declaratory relief in a § 1983 action becomes moot, absent class certification, when the prisoner is transferred or released from the facility where the underlying cause of action arose, because the threat of future harm has dissipated.
2. Plaintiff was not entitled to a preliminary injunction because he failed to show that he would suffer irreparable injury absent relief, and the requested relief was moot.

Questions Presented

1. Whether Plaintiff's request for preliminary injunctive relief was moot after he was transferred away from the facility where the underlying claims arose and then transferred again.
2. Whether Plaintiff demonstrated irreparable injury and otherwise satisfied the requirements for a preliminary injunction.

Disposition

writ_denied