770 F.3d 550
7th Cir.2014Background
- Wheeler, an Illinois prisoner, sues Dr. Talbot under 42 U.S.C. § 1983 for alleged deliberate indifference to two medical needs.
- Wheeler claims excruciating pain from large keloids and a positive Helicobacter pylori infection; district court allowed keloid claim but dismissed h. pylori claim due to negative test results.
- Wheeler sought a temporary restraining order/preliminary injunction to force referral to another doctor; the court denied the motion as lacking basis for injunctive relief.
- The district court’s order explicitly denied a preliminary injunction, but some ambiguity existed whether it denied TRO or prelim relief; the Seventh Circuit treated it as a denial of a preliminary injunction.
- Wheeler appealed under 28 U.S.C. § 1292(a)(1); the majority held the order appealable as a denial of a preliminary injunction, not as a TRO denial.
- Medical records attached to Wheeler’s brief were insufficient to show irreparable harm or likelihood of success on the merits for the injunction
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court’s July 23, 2013 order is appealable as a denial of a preliminary injunction | Wheeler argues it denied a preliminary injunction and is appealable | Talbot argues it was a TRO denial or non-appealable | Appeal permitted as denial of a preliminary injunction |
| Whether Wheeler demonstrated entitlement to immediate injunctive relief | Wheeler asserts need to treat keloids and H. pylori promptly | Wheeler failed to show irreparable harm or likelihood of success | Record shows no irreparable harm or likely success; injunction denied |
| Whether H. pylori claim supports preliminary relief given test results | H. pylori evidence suggests infection | Lab results negate infection, undermining injunctive relief | H. pylori claim lacks basis for injunction |
| Whether keloid treatment referral is warranted by the record | Need urgent medical treatment for keloids | Records show no obvious discomfort and small keloids; no urgent referral | No basis for immediate referral to a different doctor |
Key Cases Cited
- Munaf. v. Geren, 553 U.S. 674 (U.S. 2008) (preliminary relief standards for irreparable harm; likelihood of success)
- Stutter, Inc. v. Steak N Shake Enters., 695 F.3d 676 (7th Cir. 2012) (standard for preliminary relief)
- Books v. Chafer, 91 F.3d 972 (7th Cir.1996) (remand for reasons on injunctive relief omitted)
- Sims v. Lucas, 9 F.3d 1293 (7th Cir.1993) (remand for reasons on injunctive relief)
- DiLeo v. Ernst & Young, 901 F.2d 624 (7th Cir.1990) (standard for injunctive relief proceedings)
- Relias v. Lane, 923 F.2d 492 (7th Cir.1990) (notice and evidentiary requirements for injunctive relief)
- Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680 (7th Cir. 2012) (procedural posture on emergency motions and screening)
- Kellas v. Lane, 923 F.2d 492 (7th Cir.1990) (jurisdictional treatment of TRO vs. preliminary injunction)
- Jackson v. FBI, 14 F.3d 604 (7th Cir.1993) (injunction denial treated as TRO where no notice/hearing)