Williams v. Barometre

Background

Ozan Williams, who was incarcerated at Otisville Correctional Facility and represented himself, filed a complaint alleging inadequate medical care and a failure to provide reasonable accommodation for his hearing loss. He sought immediate relief, including frequent medical examinations by a sufficiently educated audiologist. The court had previously granted him permission to proceed without prepaying filing fees, commonly called proceeding in forma pauperis.

Preliminary Injunction

Williams filed an unsigned request for an order requiring the defendants to explain why preliminary relief should not issue. The court applied the standard for a preliminary injunction, an extraordinary court order issued before final judgment. Williams had to show a likelihood of irreparable harm—harm that could not adequately be repaired later—and either a likelihood of success on the merits or sufficiently serious questions supporting the case combined with a decisive balance of hardships in his favor.

The court concluded that, at that stage, Williams had not shown that he would suffer irreparable harm without a preliminary injunction. It therefore denied the motion without prejudice to renewal at a later stage. The opinion did not decide the ultimate merits of Williams's allegations about medical care or hearing accommodations.

Service of the Complaint

Because Williams was allowed to proceed without prepaying filing fees, the court directed the Clerk of Court and the U.S. Marshals Service to handle service of the complaint. The court extended the time for service to 90 days after the summons is issued, rather than 90 days after the complaint was filed. It instructed the Clerk to prepare service forms for Delta Barometre and the New York State Department of Correction and Community Supervision, issue the summons, and provide the required papers to the Marshals Service.

The court also required Williams to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so. Finally, the court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Disposition

Judge Kenneth M. Karas denied the preliminary-injunction motion without prejudice and ordered the Clerk and Marshals Service to arrange service on the defendants. The opinion does not state that the complaint itself was dismissed.