Unreported / Non-Citable
Background
Rhonda Fleming, proceeding pro se, sued the United States under the Federal Tort Claims Act over alleged misconduct by prison officers at FMC Carswell, where she had previously been incarcerated. The action remained at an early stage and was awaiting preliminary screening under 28 U.S.C. § 1915A.
After filing suit, Fleming amended her complaint to add defendants and claims concerning alleged retaliation and conditions at other Bureau of Prisons facilities. She asserted that officials denied treatment and accommodations for her physical and mental disabilities because of her religious beliefs and opposition to BOP transgender policies. She sought a temporary restraining order and preliminary injunction requiring release to a private inpatient facility or transfer to a federal halfway house, but she was later transferred from MCC Chicago to FCI Waseca.
Fleming also moved for appointed counsel, consolidation with related cases, a settlement conference, a stay, an evidentiary hearing, and additional time to respond to a motion filed in another case.
The Court’s Holding
The court denied Fleming’s request for a temporary restraining order and preliminary injunction. It concluded that the request was premature because Fleming had neither paid the required fees nor obtained permission to proceed in forma pauperis. The disability-treatment claims underlying the requested injunction were also factually and legally distinct from the original FMC Carswell FTCA claim, arose outside the Northern District of Texas, and involved defendants who did not reside there.
The court further found that Fleming’s allegations were neither sworn under penalty of perjury nor supported by evidence rebutting the government’s declarations and arguments. It therefore concluded, for the reasons stated in the government’s response, that Fleming had not established entitlement to temporary or preliminary injunctive relief. Her transfer to FCI Waseca also mooted requests for prospective relief based on treatment at FCI Greenville and MCC Chicago.
The court denied the requested evidentiary hearing as moot. It denied without prejudice as premature Fleming’s requests for counsel, consolidation, a settlement conference, and a stay. Her request for more time to respond to a dismissal motion in a separate case was denied without prejudice to refiling it in that case.
Key Takeaways
- A prisoner’s transfer can moot requests for declaratory or injunctive relief concerning conditions at the former facility.
- New claims arising at other prisons could not properly be joined to an FTCA action based solely on events at FMC Carswell.
- Unsupported, unsworn allegations did not overcome the government’s evidentiary submissions or establish grounds for emergency injunctive relief.
Why It Matters
The decision underscores that emergency relief requires evidence satisfying the governing injunction standards, even when the plaintiff proceeds without counsel. It also illustrates how venue, joinder, filing-status requirements, and a prisoner’s subsequent transfer can prevent a court from reaching the merits of newly asserted prison-conditions claims.