From Casetext: Smarter Legal Research

Devose v. Herrington

United States Court of Appeals, Eighth Circuit
Dec 14, 1994
42 F.3d 470 (8th Cir. 1994)

Summary

holding that plaintiff was not entitled to a preliminary injunction where motion raised issues entirely different from those presented in plaintiff's complaint

Summary of this case from Wilson v. Givens

Opinion

No. 94-2074.

Submitted November 17, 1994.

Decided December 14, 1994.

Emanuel Devose, pro se.

David B. Eberhard, Asst. Atty. Gen., Little Rock, AR, for appellee.

Appeal from the United States District Court for the Eastern District of Arkansas.

Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges.


After being injured in a van accident while being transported between prison units, Arkansas inmate Emanuel Devose brought this 42 U.S.C. § 1983 action claiming various prison officials denied him adequate medical treatment for his injuries in violation of the Eighth Amendment. Devose later sought a preliminary injunction, contending prison officials had filed trumped-up disciplinary charges against him because of this lawsuit and were making him perform work duties beyond his capabilities. Faced with a motion that raised issues entirely different from those presented in Devose's complaint, the district court concluded that Devose had failed to allege circumstances that entitled him to a preliminary injunction, and denied his motion without a hearing. Devose appeals and we affirm.

A court issues a preliminary injunction in a lawsuit to preserve the status quo and prevent irreparable harm until the court has an opportunity to rule on the lawsuit's merits. See Dataphase Sys., Inc., v. C L Sys., Inc., 640 F.2d 109, 113 n. 5 (8th Cir. 1981) (en banc). Thus, a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint. See Penn v. San Juan Hosp., Inc., 528 F.2d 1181, 1185 (10th Cir. 1975). It is self-evident that Devose's motion for temporary relief has nothing to do with preserving the district court's decisionmaking power over the merits of Devose's 42 U.S.C. § 1983 lawsuit. To the contrary, Devose's motion is based on new assertions of mistreatment that are entirely different from the claim raised and the relief requested in his inadequate medical treatment lawsuit. Although these new assertions might support additional claims against the same prison officials, they cannot provide the basis for a preliminary injunction in this lawsuit. See Stewart v. United States I.N.S., 762 F.2d 193, 198-99 (2d Cir. 1985). Thus, the district court correctly ruled as a matter of law that Devose was not entitled to a preliminary injunction.

We affirm.


Summaries of

Devose v. Herrington

United States Court of Appeals, Eighth Circuit
Dec 14, 1994
42 F.3d 470 (8th Cir. 1994)

holding that plaintiff was not entitled to a preliminary injunction where motion raised issues entirely different from those presented in plaintiff's complaint

Summary of this case from Wilson v. Givens

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Green v. Wall

holding that a motion for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint

Summary of this case from Laramore v. Quality Residence, LLC.

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Criswell v. Boudreaux

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Eason v. Pritzker

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Clark v. Smith

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Burns v. Doe

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Goings v. Jones

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Talley v. Lee

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Talley v. Butler

holding that "new assertions" of retaliation and mistreatment "cannot provide the basis for a preliminary injunction"

Summary of this case from Downer v. Bolton

holding that "new assertions" of retaliation and mistreatment "cannot provide the basis for a preliminary injunction"

Summary of this case from Brock v. Wright

holding that "new assertions" of retaliation and mistreatment "cannot provide the basis for a preliminary injunction"

Summary of this case from Jackson v. Coyne

holding that "new assertions" of retaliation and mistreatment "cannot provide the basis for a preliminary injunction"

Summary of this case from Cooper v. Bower

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Godfrey v. Moldenhauer

holding that "a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint"

Summary of this case from Harris v. Larson

holding no basis for a preliminary injunction where motion was based on new assertions of retaliation "entirely different from the claim raised and the relief requested in [plaintiff's] inadequate medical treatment lawsuit"

Summary of this case from King v. Tangilag

finding that because plaintiff's motion was based on new assertions of mistreatment that are entirely different from the claim raised and the relief requested in the original lawsuit, they cannot provide the basis for a preliminary injunction

Summary of this case from Jones v. Cnty. of Allegheny

finding that because plaintiff's motion raised issues entirely different from those presented in his complaint, his allegations could not provide the basis for a preliminary injunction

Summary of this case from Gibson v. Adams

finding that because plaintiff's motion raised issues entirely different from those presented in his complaint, his allegations could not provide the basis for a preliminary injunction

Summary of this case from Sides v. Wetzel

finding that because plaintiff's motion was based on new assertions of mistreatment that are entirely different from the claim raised and the relief requested in the original lawsuit, they cannot provide the basis for a preliminary injunction

Summary of this case from Brooks v. Samuel

finding that because plaintiff's motion was based on new assertions of mistreatment that are entirely different from the claim raised and the relief requested in the original lawsuit, they cannot provide the basis for a preliminary injunction

Summary of this case from Williams v. Wingard

finding that because plaintiff's motion was based on new assertions of mistreatment that are entirely different from the claim raised and the relief requested in the original lawsuit, they cannot provide the basis for a preliminary injunction

Summary of this case from Rodriguez v. Wetzel

finding that a motion based on new assertions of mistreatment different from those raised in plaintiff's lawsuit cannot provide the basis for a preliminary injunction

Summary of this case from West v. Shultz

finding that because plaintiff's motion was based on new assertions of mistreatment that are entirely different from the claim raised and the relief requested in the original lawsuit, they cannot provide the basis for a preliminary injunction

Summary of this case from Watson v. Fisher
Case details for

Devose v. Herrington

Case Details

Full title:EMANUEL DEVOSE, APPELLANT, v. HERRINGTON, OFFICER, CUMMINS UNIT, ARKANSAS…

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 14, 1994

Citations

42 F.3d 470 (8th Cir. 1994)

Citing Cases

Munt v. Larson

Preliminary injunctions are intended to prevent irreparable harm and preserve the status quo during the…

Wilson v. Santana

” Id. (formally adopting the Eighth Circuit's rule from Devose v. Herrington, 42 F.3d 470, 471 (8th …