Opinion

Norris v. Moroney

Court
District Court, D. Massachusetts
Filed
Sep 8, 2022
Cited by
0 cases
Authority
More cited than 22.9%

explaining that where a plaintiff whose parole was revoked brings “an injunction ordering his immediate release… relief…could only be sought in a habeas action.”

How later courts described this case

  • explaining that where a plaintiff whose parole was revoked brings “an injunction ordering his immediate release… relief…could only be sought in a habeas action.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

KEVIN NORRIS, *

*

Plaintiff, *

*

v. * Civil Action 22-cv-10660-IT

*

GLORIANN MORONEY, et al., *

*

Defendants. *

*

*

MEMORANDUM & ORDER

September 8, 2022

TALWANI, D.J.

Pro se Plaintiff Kevin Norris, a state prisoner confined at the Massachusetts Treatment

Center, has filed a Complaint [Doc. No. 1] against individual members of the Massachusetts

Parole Board (“Board”), its attorneys, and various parole officers seeking damages and

declaratory relief. On August 15, 2022, Norris filed an Emergency Motion for Preliminary

Injunction [Doc. No. 15] requesting the court to enjoin the Parole Board from revoking his

parole, release Norris onto home supervision, and/or order a new revocation hearing. For the

following reasons, Norris’s Emergency Motion for Preliminary Injunction [Doc. No. 15] is

DENIED.

I. Statement of Law

“[A] plaintiff seeking a preliminary injunction must establish that [1] he is likely to

succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of

preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in

the public interest.” Voice of the Arab World, Inc. v. MDTV Med. News Now, Inc., 645 F.3d 26,

32 (1st Cir. 2011) (quoting Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 129 (2008).

“The [Supreme] Court has repeatedly held that the basis for injunctive relief in the federal courts

has always been irreparable injury and the inadequacy of legal remedies.” Id. (quotation marks

and citation omitted).

II. Discussion

In his Complaint [Doc. No. 1], Norris seeks punitive damages against Defendants,1 along

with declaratory relief.2 Notably, Norris’s Complaint [Doc. No. 1] does not seek a release from

custody, focusing instead on civil rights and state law tort claims. However, his Emergency

Motion for Preliminary Injunction [Doc. No. 15] seeks release from custody onto parole

supervision.

“[A] habeas action, rather than a suit under 42 U.S.C. § 1983, is the proper vehicle for a

state prisoner to challenge ‘the fact or duration of his confinement.’” McLaughlin v. Gillen, 2011

WL 2746459, at *2 (D. Mass. July 8, 2011) (citing Preiser v. Rodriguez, 411 U.S. 475, 489

(1973)). That is, Norris’s request for a preliminary injunction “contending that a state parole

revocation was constitutionally invalid, challenges the fact or duration of [Norris’s]

confinement,” for which habeas is the proper remedy. White v. Gittens, 121 F.3d 803, 806 (1st

Cir. 1997) (internal quotations omitted); see Heck v. Humphrey, 512 U.S. 477, 487 (1994); see

1 The court previously dismissed all claims for damages against Defendants Moroney, Hurley,

and Dupre. See Order [Doc. No. 10].

2 Specifically, Norris seeks that the court (1) order the Parole Board to respond to revocation

appeals within 30 days; (2) enjoin the Parole Board from relying on Norris’s alleged parole

violations and the May 26, 2021 revocation; (3) order that the Parole Board establish complaint

procedures for parolees regarding racial bias, excessive force, and arbitrary mistreatment; (4)

mandate equal protection and impartial review for parolees of color; (5) require the Parole Board

to install cameras in all regional offices and record arrests; (6) order the Parole Board to remove

or expunge false information from Norris’s file; (7) refer Defendants Russell, Devlin, and Lind

to the Massachusetts Attorney General for investigation; (8) refer Defendants Russell and Devlin

to the Massachusetts Attorney General for investigation; (9) and declare that Defendants

Moroney, Murphey, Walsh violated professional bar rules. Compl. 69 [Doc. No. 1].

also Brown v. Rhode Island, 511 F. App'x 4, 6 (1st Cir. 2013) (explaining that where a plaintiff

whose parole was revoked brings “an injunction ordering his immediate release… relief…could

only be sought in a habeas action.”). Here, where Norris requests to be released from custody,

preliminary injunctive relief cannot be granted.

III. Conclusion

Accordingly, Norris’s Emergency Motion for Preliminary Injunction [Doc. No. 15] is

DENIED. Norris’s Motion for Court Order [Doc. No. 30] and Request for Court to Consider

Additional Documents [Doc. No. 31] are DENIED as moot.

IT IS SO ORDERED.

September 8, 2022

/s/ Indira Talwani

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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