United States District Court, D. Minnesota
Yaseen, MCF-Oak Park Heights, pro se Plaintiff.
Jonathan D. Moler, Minnesota Attorney General's Office,
REPORT AND RECOMMENDATION & ORDER
T. SCHULTZ UNITED STATES MAGISTRATE JUDGE
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 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.
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.
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.
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.
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
the incident, Yaseen reported health problems, including
constant headaches. In January 2017, Yaseen saw a contract
physician, who consulted with a neurologist. 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.
Request for Preliminary Injunction
seeks a preliminary injunction from this Court requiring
Defendants to (1) provide him with
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 ...