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Yaseen v. Defiel

United States District Court, D. Minnesota

January 31, 2019

OMAR YASEEN, Plaintiff,
v.
KATIE DEFIEL, et al., Defendant.

          Omar Yaseen, MCF-Oak Park Heights, pro se Plaintiff.

          Jonathan D. Moler, Minnesota Attorney General's Office, for Defendants.

          REPORT AND RECOMMENDATION & ORDER

          DAVID T. SCHULTZ UNITED STATES MAGISTRATE JUDGE

         INTRODUCTION

         Plaintiff Omar Yaseen sued the Defendants, all employees of or officials with the Minnesota Department of Corrections, for violations of his Fifth and Eighth Amendment rights under the United States Constitution and for state law torts of assault and battery. He seeks a preliminary injunction[1] requiring Defendants to provide him with specific medical treatment and to transfer him to a different correctional facility. Because Yaseen has not demonstrated irreparable harm or likelihood of success on the merits, preliminary injunctive relief is inappropriate, and the motion is denied.[2]

         FINDINGS OF FACT

         Yaseen is currently incarcerated at Minnesota Correctional Facility - Oak Park Heights. Am. Compl. ¶ 3, Docket No. 18. During his time at Oak Park Heights, Yaseen has complained of a myriad of physical and mental health problems. Aff. of Joan Wolff ¶¶ 4, 6-8, Ex. A (Yaseen Medical Records), Docket No. 58; Aff. of Angie Newstrom ¶ 16, Docket No. 52. In response, officials at the prison have provided him with various treatments, including appointments with an audiologist, Wolff Aff. ¶¶ 4-5, Ex. A, and frequent appointments with psychiatrists and counselors, Newstrom Aff. ¶¶ 3-5, Ex. A, Docket No. 54. Prior to the November 2016 incident, a psychiatrist diagnosed Yaseen with Disruptive Mood Dysregulation Disorder, Borderline Personality Disorder, and Antisocial Personality Disorder. Newstrom Aff. ¶ 5. Yaseen was prescribed medications. Id.

         On November 19, 2016, an incident occurred between Yaseen and several prison staff members, though accounts of the interaction differ. Several staff members responded to a call that Yaseen was “self-injurious.” Wolff Aff. Ex. A., p. 167 (Progress Notes); Am. Compl. ¶ 15. According to notes made by Nurse Johannes Olivier, staffers attempted to inspect serrations on Yaseen's forearm and check his body for feces, but Yaseen physically resisted. Wolff Af. Ex. A, p. 167-68. After Yaseen was moved to a new cell, he banged his head on the door several times, so was restrained. Id. at 168.

         According to Yaseen, he was cooperating with the unclothed inspection when several staffers began to kick and choke him, Am. Compl. ¶ 20-21, during which time his head hit the concrete wall of the cell. Decl. of Omar Yaseen ¶ 2, Docket No. 48.

         Outpatient mental health staff saw Yaseen on several occasions while Yaseen was on continuous observation status following the encounter. Newstrom Aff. ¶¶ 6-9. Since then, Yaseen has regularly seen outpatient counselors and contract psychiatrists. Id. at ¶¶ 10-45. The course of treatment Yaseen has received is based on a diagnosis of emotion management issues, rather than mental health problems, a diagnosis he disputes. Id. at ¶¶ 14-16.

         After the incident, Yaseen reported health problems, including constant headaches. In January 2017, Yaseen saw a contract physician, who consulted with a neurologist.[3] Wolff Aff. ¶ 7, Ex. A, pp. 34-36. Later, Yaseen saw an otolaryngologist, who recommended a neurology consult and a CT scan of Yaseen's left ear. Id. at Ex. A, pp. 29-32. Yaseen saw a neurologist, who prescribed a new migraine regimen and anti-nausea medicine, and also referred Yaseen to an optometrist. Id. at Ex. A, pp. 25-28. Yaseen received a letter from his doctor indicating that the CT scan showed no anomalies. Id. at Ex. A, p. 4. During this same time, Yaseen has received other medical treatment, including for an apparent overdose of one of his medications. Id. at Ex. A, pp. 5-23.

         CONCLUSIONS OF LAW

         I. Request for Preliminary Injunction

         Yaseen seeks a preliminary injunction from this Court requiring Defendants to (1) provide him with “appropriate”-but unspecified-neurological treatment, (2) provide him with unspecified psychological evaluations and treatment, and (3) transfer him to another facility within the Minnesota Department of Corrections. He focuses his argument solely on his Eighth Amendment medical needs claims. But Yaseen has ...


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