Davis v. Barwick
3:25-cv-00532
S.D. Ill.Apr 14, 2025Background
- The plaintiff, an African American prisoner, alleges retaliation and harassment by defendants Megan Rogers and Justyna Reid after filing grievances against Rogers, whom plaintiff claims acted out of racism.
- Plaintiff was issued disciplinary reports by Rogers and found guilty on all charges by Reid, who allegedly refused to consider exculpatory evidence.
- As a result, plaintiff suffered one month of restrictions and believes further retaliation will occur due to this lawsuit.
- Plaintiff filed for a temporary restraining order (TRO) and preliminary injunction to bar Rogers and Reid from proximity and further retaliation.
- The court noted that plaintiff filed this action only weeks after appealing grievances, casting doubt on whether administrative remedies were exhausted as required by the Prison Litigation Reform Act (PLRA).
- Plaintiff was ordered to show cause why the case should not be dismissed for failure to exhaust administrative remedies; failure to respond will result in dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TRO/Preliminary Injunction for Retaliation | Will face further irreparable retaliation/harm | No actual or imminent harm shown | Denied; insufficient irreparable harm |
| Likelihood of Success on the Merits (Injunction) | Defendants retaliated/discriminated in disciplinary | No valid, immediate threat alleged | Not addressed; irreparable harm absent |
| Adequacy of Legal Remedy (Injunction) | No adequate remedy exists | Not directly argued | Not reached; irreparable harm absent |
| Exhaustion of Administrative Remedies under PLRA | Grievances were appealed pre-filing | Did not fully exhaust before filing | Show cause ordered; dismissal possible |
Key Cases Cited
- Orr v. Shicker, 953 F.3d 490 (7th Cir. 2020) (cannot grant injunction on mere possibility of harm; must show clear entitlement)
- Meritte v. Kessel, [citation="561 F. App'x 546"] (7th Cir. 2014) (standard for injunctions: likelihood of success, irreparable harm, no adequate remedy)
- Walker v. Thompson, 288 F.3d 1005 (7th Cir. 2002) (court may dismiss complaint if a clear affirmative defense is apparent)