Opinion

Hughes

Court
District Court, S.D. Illinois
Filed
Apr 13, 2026
Cited by
0 cases
Authority
More cited than 40.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

OMAR ASHANTI JOHNSON, #K74565, )

)

Plaintiff, )

)

vs. ) Case No. 26-cv-00232-SMY

)

LATOYA HUGHES, )

)

Defendant. )

MEMORANDUM AND ORDER

YANDLE, Chief Judge:

This matter is before the Court on the Emergency Motion for Temporary Restraining Order

(“TRO”)/Preliminary Injunction filed by Plaintiff Omar Ashanti Johnson (Doc. 18). Plaintiff is an

inmate of the Illinois Department of Corrections (“IDOC”) currently incarcerated at Menard

Correctional Center. He filed the instant motion after initiating his underlying pro se lawsuit

pursuant to 42 U.S.C. § 1983, asserting Defendant’s C-grade and B-grade policies violate his First

Amendment right to reasonable access to the telephone to communicate with outsiders (Doc. 1).

Plaintiff alleges the Menard warden sanctioned him to approximately one year in C-grade

status, beginning March 11, 2026, which bars him from all telephone use (Doc. 18, p. 3). His

disciplinary infraction was unrelated to any misuse of the telephone. When he is restored to B-

grade status, he will be allowed telephone access only 24 times in the following year. He argues

the absolute denial of telephone access violates his right to reasonable access to the telephone and

is unrelated to safety and security or any other legitimate penological purpose (Doc. 18, pp. 3-4).

He requests a TRO/preliminary injunction to restore his access to the telephone “now and as often

as necessary to preserve his right to reasonable access to the telephone while this cause proceeds

to resolution at trial.” (Doc. 18, p. 10).

A TRO is an order issued without notice to the party to be enjoined that may last no more

than 14 days. FED. R. CIV. P. 65(b)(2). A TRO may issue without notice only if (A) specific facts

in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or

damage will result to the movant before the adverse party can be heard in opposition; and (B) the

movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should

not be required. FED. R. CIV. P. 65(b)(1). Because Plaintiff has not demonstrated the likelihood

of immediate and irreparable harm before Defendant can be heard, his request for a TRO in Doc.

18 is DENIED.

A preliminary injunction is “an extraordinary and drastic remedy, one that should not be

granted unless the movant, by a clear showing, carries the burden of persuasion.” Mazurek v.

Armstrong, 520 U.S. 968, 972 (1997) (emphasis in original). It may issue only after the adverse

party is given notice and an opportunity to respond. See FED. R. CIV. P. 65(a)(1). A plaintiff

seeking a preliminary injunction must establish that he has some likelihood of succeeding on the

merits, that no adequate remedy at law exists, and that he will suffer irreparable harm if injunctive

relief is not granted. Mays v. Dart, 974 F.3d 810, 818 (7th Cir. 2020) (citing Speech First, Inc. v.

Killeen, 968 F.3d 628, 637 (7th Cir. 2020)). If these elements are established, the Court must then

balance the potential harm to the movant if the preliminary injunction were denied against the

potential harm to the non-movant if the injunction were granted, and must consider whether

granting the preliminary injunction is in the public interest. Mays, 974 F.3d at 818; Courthouse

News Serv. v. Brown, 908 F.3d 1063, 1068 (7th Cir. 2018).

Defendant must be given an opportunity to respond before the Court can resolve Plaintiff’s

request for preliminary injunctive relief. However, the Court must first conduct a preliminary

review of the Complaint under 28 U.S.C. § 1915A, which requires the Court to screen prisoner

Complaints to filter out nonmeritorious claims and dismiss any portion of the Complaint that is

legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an

immune defendant. 28 U.S.C. § 1915A. This review will be accomplished by separate order. If

the Complaint survives § 1915A review, defendant will be directed to respond to the request for

preliminary injunctive relief in Doc. 18.

IT IS SO ORDERED.

DATED: April 13, 2026

s/ Staci M. Yandle_____

STACI M. YANDLE

Chief U.S. 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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