Jamison v. Craft
5:11-cv-02246
D.S.C.Aug 17, 2012Background
- Jamison, a self-represented plaintiff, brings § 1983 claims in the District of South Carolina.
- He seeks injunctive relief via two motions (ECF Nos. 21 and 33) concerning property and law-library access.
- Defendants allegedly confiscated Jamison's property during arrest and a vehicle search; some items were identified and returned.
- Jamison pled guilty to receiving stolen goods valued between $2,000 and $10,000 on June 2, 2011.
- The court finds Jamison failed to show likelihood of success or irreparable harm; Campbell Pre-Release Center is not a party.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jamison is entitled to a preliminary injunction to recover seized property | Jamison seeks return of property. | Property partially returned; remaining items disputed; court should order return. | Denied; no clear showing of likelihood of success or irreparable harm; property likely recoverable via post-deprivation remedies. |
| Whether Jamison's request for law-library access can be compelled via injunctive relief | Request access to a law library at Campbell Center. | Center not a party; relief cannot be granted against non-parties. | Denied; relief cannot be obtained against non-party Campbell Center. |
Key Cases Cited
- Wetzel v. Edwards, 635 F.2d 283 (4th Cir. 1980) (preliminary injunction standards explained)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (Supreme Court 2008) (four-factor test for preliminary injunctions)
- Real Truth About Obama, Inc. v. FEC, 575 F.3d 342 (4th Cir. 2009) (discusses likelihood of success and irreparable harm in injunctions)
- Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (standard for evaluating timely objections to a magistrate's report)