Free Order on Motion for TRO - District Court of Delaware - Delaware

Case 1 :08-cv—00004-GIVIS Document 45 Filed 04/15/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES ARTHUR BIGGINS, )
Plaintiff, g
v. g Civil Action No. 08-04-GMS
GOVERNOR RUTH ANN MINNER, )
et al., )
)
Defendants. )
MEMORANDUM ORDER
At Wilmington, this 15% R day of Afr. / , 2008;
The plaintiff, James Arthur Biggins ("Biggins"), a prisoner housed at the Delaware
Correctional Center, filed this lawsuit pursuant to 42 U.S.C. § l983. He proceeds pro se and was
granted leave to proceed informa pauperis. (D.I. ll.) Pending before the court is Biggins’
motion for a temporary restraining order to provide medical treatment, specifically the
administration of medication, for his chronic medical condition. (D.I. 3, 4, 10.) The parties have
not yet been seryed, and therefore, the court ordered Correctional Medical Services ("CMS"),
Deputy Warden David Pierce, and James Welch to respond to the motion. (D.I.12.) The
defendants filed their responses on February 22, 2008 and February 25, 2008, along with
pertinent medical records. (D.I. 25, 26, 30, 3l.)
A party seeking a preliminary injunction must show: (l) a likelihood of success on the
merits; (2) that it will suffer irreparable harm if the injunction is denied; (3) that granting
preliminary relief will not result in even greater harm to the nonmoving party; and (4) that the
public interest favors such relief. Kos Pharmaceuticals, Inc. v. Andrx Corp., 369 F .3d 700, 708

Case 1:08-cv—OOOO4-G|\/IS Document 45 Filed O4/15/2008 Page 2 of 3
(3d Cir. 2004)(citation omitted). "Preliminary injunctive relief is ‘an extraordinary remedy’ and
‘should be granted only in limited circumstances."’ Id (citations omitted).
Biggins claims that he is not receiving his chronic care medication for a back condition.
He has filed numerous pleadings with the court. The pleadings indicate that Biggins was taken
off one type of medication and placed on another and that, perhaps for a short time, he was
without medication.
"[A] prisoner has no right to choose a specific form of medical treatment," so long as the
treatment provided is reasonable. Harrison v. Barkley, 219 F.3d 132, 138-140 (2d Cir. 2000).
An imr1ate’s claims against members of a prison med.ical department are not viable under § 1983
where the inmate receives continuing care, but believes that more should be done by way of
diagnosis and treatment and maintains that options available to medical personnel were not
pursued on the inmate’s behalf. Estelle v. Gamble, 429 U.S. 97, 107 (1976). Finally, "mere
disagreement as to the proper medical treatment" is insufficient to state a constitutional violation.
See Spruill v. Gillis, 372 F.3d 218, 235 (3d Cir. 2004) (citations omitted).
Documents submitted by the responding defendants indicate that Biggins has been
continually treated for his chronic care condition and that physicians are using various types of
treatment for the condition, ranging from pain medication to physiotherapy. Additionally, the
medical records reflect that Biggins has been, and is being, prescribed medication for his
condition. Recently, Biggins was taken off one type of pain medication and a new medication
prescribed.
Given the exhibits submitted to the court, Biggins has not demonstrated the likelihood of
success on the merits. The records indicate that he has received, and continues to receive, care
b

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for his medical conditions. Moreover, the medical records indicate that his medical condition is
being monitored. There is no indication that, at the present time, Biggins is in danger of
suffering irreparable harm. Biggins has neither demonstrated the likelihood of success on the
merits, nor has he demonstrated irreparable harm to justify the issuance of immediate injunctive
relief. Accordingly, based upon the foregoing analysis, Biggins’ motion for a temporary
restraining order (D.l. 3) is denied.
cmg, iNrEr> shwrs érsrmlcr JUDGE
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