Tanner v. Federal Bureau of Prisons

• Decision Date: 17 May 2006
• Docket Number: Civil Action No. 06-0529 (RMU).
• Parties: Algienon TANNER, Plaintiff, v. FEDERAL BUREAU OF PRISONS et al, Defendants.
• Court: U.S. District Court — District of Columbia

433 F.Supp.2d 117

Algienon TANNER, Plaintiff, v. FEDERAL BUREAU OF PRISONS et al, Defendants.

Civil Action No. 06-0529 (RMU).

United States District Court, District of Columbia.

May 17, 2006.

COPYRIGHT MATERIAL OMITTED

Brian W. Shaughnessy, Washington, DC, for Plaintiff.

Fred Elmore Haynes, U.S. Attorney's Office, Washington, DC, for Defendants.

MEMORANDUM OPINION

URBINA, District Judge.

DENYING THE PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION¹

I. INTRODUCTION

The plaintiff is a Federal Bureau of Prisons inmate. On February 15, 2006, the defendant transferred the plaintiff from Federal Correctional Institution ("FCI") Fairton, New Jersey to United States Penitentiary ("USP") Leavenworth, Kansas. The plaintiff brings this suit, asking the court to compel the defendant² to return the plaintiff to Fairton, alleging that a permanent transfer will deprive him of participation in the vocational training programs at Fairton. Before the court are the plaintiffs motions for a temporary restraining order ("TRO") and a preliminary injunction ("PI"), as well as the defendant's motion to dismiss. The court now turns to the plaintiffs motions.

II. BACKGROUND

A. Factual History

The plaintiff has been in the federal prison system for more than 20 years. Pl.'s Mot. for TRO ("Pl.'s Mot.") at 4. Since January 4, 2001, the plaintiff has been incarcerated at Fairton, and his release is scheduled to occur on September 29, 2008. Id. at 2. To prepare for reentry into society, the plaintiff sought educational and vocational training at Fairton by enrolling in the aquaculture program. Id. at 2-4.

At the time of his transfer, the plaintiff had completed eight months of the two-year aquaculture program. Id. at 3. He also worked to qualify for a cable technician program. Id. The cable technician program requires participants to have a Grade 1 pay scale rating. Id. at 2-3. For two years, the plaintiff worked to progress through the pay scale from Grade 4 to Grade 1 so that he could earn a place in the program. Id. at 3.

On February 9, 2006, the defendant's staff informed the plaintiff that he was subject to an immediate transfer to Leavenworth. Id. at 5. The plaintiffs family requested the assistance of Paul C. Kurtz, Executive Director of Federal Inmate Advocates, to prevent the plaintiffs transfer. Id. at 5. Kurtz contacted Tom Washburn, Chief of Correctional Programs, to request the reversal of the defendant's decision to transfer the plaintiff. Id. at 5. On February 13, 2006, Washburn rejected this request, informing Kurtz that the inmate transfer was routine, and that the plaintiff could request transfer back to Fairton through the Inmate Administrative Remedy process. Id. at 5. Kurtz then sent a letter to the Bureau of Prison's regional director and requested that the defendant reverse the plaintiffs transfer. Id. at 5.

On February 15, 2006, the defendant transferred the plaintiff to Leavenworth. Def.'s Opp'n to Pl's Mot. ("Def.'s Opp'n") at 1. On March 16, 2006, Kurtz received a letter from the warden at Fairton, which stated that the transfer to Leavenworth "was not punitive or disciplinary in nature and was just one of many transfers approved in an effort to manage the population at these facilities." Id. at 6. The warden explained that those subject to a transfer were medium security inmates with release dates in excess of one year, and that individuals whose release residences were closer to Leavenworth received "preferential consideration." Id. at 6. He also told Kurtz to "Nest assured that work opportunities, as well as education and vocational training programs, to assist [the plaintiff] with his re-entry initiatives are available at USP Leavenworth." Id., Ex. 3. Because the plaintiff has approximately 30 months left in his sentence and will serve the last six months at a halfway house, the plaintiff asserts that "unless he is immediately returned to FCI Fairton and re-enrolled in the Aquaculture and Cable programs he will lose any possibility of program completion prior to his scheduled release date." Id. at 4 n. 1.

B. Procedural History

On March 21, 2006, the plaintiff filed suit against the defendant and brought these motions for injunctive relief pursuant to the Prison Litigation Reform Act, 18 U.S.C. § 3626.³ Alleging that his vocational training constitutes a protected liberty interest, the plaintiff claims that the defendant deprived him of that interest in violation of constitutional due process and equal protection. Id. at 14-18. The defendant opposes the motion on the grounds that this court lacks subject matter jurisdiction because the defendant is immune from suit. Def.'s Opp'n at 1-2. The defendant also asserts that the plaintiff has no liberty interest in vocational training and, therefore, the plaintiff has suffered no constitutional violation. Id. at 4-8. On March 29, 2006, in addition to opposing the plaintiffs motion, the defendant brought a motion to dismiss. The court now turns to the plaintiffs motion.

III. ANALYSIS

A. The Court Denies the Plaintiffs Motion for Injunctive Relief

The plaintiff asserts that his transfer to Leavenworth deprives him of his liberty interests in several ways and sues for injunctive relief pursuant to 18 U.S.C. § 3626.⁴ The defendant counters that the plaintiff has no constitutionally-protected interest in participating in the vocational programs. Def.'s Opp'n at 3-8. Although the plaintiff demonstrates irreparable harm, he fails to show a substantial likelihood of success on the merits. For this reason, the court denies the plaintiff's motion for injunctive relief.

B. Legal Standard for Injunctive Relief

This court may issue interim injunctive relief only when the movant demonstrates:

(1) a substantial likelihood of success on the merits, (2) that it would suffer irreparable injury if the injunction is not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest would be furthered by the injunction.

Mova Pharm. Corp. v. Shalala, 140 F.3d 1060, 1066 (D.C.Cir.1998) (quoting CityFed Fin. Corp. v. Office of Thrift Supervision, 58 F.3d 738, 746 (D.C.Cir.1995)); see also World Duty Free Americas, Inc. v. Summers, 94 F.Supp.2d 61; 64 (D.D.C.2000). It is particularly important for the movant to demonstrate a substantial likelihood of success on the merits. Cf. Benten v. Kessler, 505 U.S. 1084, 1085, 112 S.Ct. 2929, 120 L.Ed.2d 926 (1992) (per curiam). Indeed, absent a "substantial indication" of likely success on the merits, "there would be no justification for the court's intrusion into the ordinary processes of administration and judicial review." Am. Bankers Ass'n v. Nat'l Credit Union Admin., 38 F.Supp.2d 114, 140 (D.D.C.1999) (internal quotation omitted).

The four factors should be balanced on a sliding scale, and a party can compensate for a lesser showing on one factor by making a very strong showing on another factor. CSX Transp., Inc. v. Williams, 406 F.3d 667, 670 (D.C.Cir.2005) (citing CityFed Fin. Corp., 58 F.3d at 747). "An injunction may be justified, for example, where there is a particularly strong likelihood of success on the merits even if there is a relatively slight showing of irreparable injury." CityFed Fin. Corp., 58 F.3d at 747.

Moreover, the other salient factor in the injunctive relief analysis is irreparable injury. A movant must "demonstrate at least `some injury"' to warrant the granting of an injunction. CityFed Fin. Corp., 58 F.3d at 747 (quotation omitted). Indeed, if a party makes no showing of irreparable injury, the court may deny the motion for injunctive relief without considering the other factors. Id.

Because interim injunctive relief is an extraordinary form of judicial relief, courts should grant such relief sparingly. Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997) (per curiam). As the Supreme Court has said, "[I]t frequently is observed that a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Id. (citation omitted). Therefore, although the trial court has the discretion to issue or deny a preliminary injunction, it is not a form of relief granted lightly. In addition, any injunction that the court issues must be carefully circumscribed and tailored to remedy the harm shown. Nat'l Treasury Employees Union v. Yeutter, 918 F.2d 968, 977 (D.C.Cir.1990) (citation omitted).

C. The Plaintiff Fails to Demonstrate a Substantial Likelihood of Success on the Merits⁵

The plaintiff argues that he is likely to succeed on the merits of his claim because he has a constitutionally-protected liberty interest in participating in the vocational programs at Fairmont. Pl.'s Mot. at 10. The plaintiff bears the burden of establishing "by a clear showing" that he, indeed, enjoyed a constitutionally-protected interest and that he was denied due process and equal protection rights. Mazurek, 520 U.S. at 972, 117 S.Ct. 1865. Although "prisoners do not shed all constitutional rights at the prison gate," incarceration does bring a "necessary withdrawal or limitation of many privileges and rights." Sandin v. Conner, 515 U.S. 472, 485, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995) (internal citations omitted). Constitutional protections do arise when a prisoner has a recognized liberty interest created by state statutes and policies. Id. at 486-87, 115 S.Ct. 2293.

The plaintiff argues that the defendant, through a Unit Team assigned to the plaintiff, recommended that the plaintiff pursue educational and vocational training and supported his progress through this process. Pl.'s Mot. at 2, 3, 9. The plaintiff asserts that the Unit Team's actions created a liberty interest in Fairton's vocational programs, and that a transfer to Leavenworth deprives him of this liberty interest. See generally Pl.'s Mot.

The defendant counters that the court...