Pat Terrell v. Louis M. Sowers, Director, Louisiana Department of Corrections

Fifth Circuit

Pat Terrell v. Louis M. Sowers, Director, Louisiana Department of Corrections

465 F.2d 886, 1972 U.S. App. LEXIS 8065

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 3, 1972

Docket72-1590

StatusPublished

This text of 465 F.2d 886 (Pat Terrell v. Louis M. Sowers, Director, Louisiana Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pat Terrell v. Louis M. Sowers, Director, Louisiana Department of Corrections, 465 F.2d 886, 1972 U.S. App. LEXIS 8065 (5th Cir. 1972).

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Opinion

PER CURIAM:

This is an appeal from the district court’s refusal to enter a preliminary injunction restraining the defendants from confining one of" the plaintiffs in the maximum security area as a disciplinary measure. The main complaint was filed by inmates of Louisiana Correctional Institute for Women charging unconstitutional conditions in the prison.

A motion for a preliminary injunction is addressed to the sound discretion of the trial court. The trial judge conducted a full hearing, observed the witnesses and concluded that the facts adduced did not warrant granting the motion. Appellees’ brief states that appellant is not, nor has she been threatened to be placed in maximum security at the present time. We find no abuse of discretion in the denial of temporary relief. Any claim of unconstitutional conditions at the prison can be presented at the trial on the merits of the pending suit.

Affirmed.

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PER CURIAM:

This is an appeal from the district court’s refusal to enter a preliminary injunction restraining the defendants from confining one of" the plaintiffs in the maximum security area as a disciplinary measure. The main complaint was filed by inmates of Louisiana Correctional Institute for Women charging unconstitutional conditions in the prison.

A motion for a preliminary injunction is addressed to the sound discretion of the trial court. The trial judge conducted a full hearing, observed the witnesses and concluded that the facts adduced did not warrant granting the motion. Appellees’ brief states that appellant is not, nor has she been threatened to be placed in maximum security at the present time. We find no abuse of discretion in the denial of temporary relief. Any claim of unconstitutional conditions at the prison can be presented at the trial on the merits of the pending suit.

Affirmed.

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465 F.2d 886, 1972 U.S. App. LEXIS 8065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pat-terrell-v-louis-m-sowers-director-louisiana-department-of-ca5-1972.

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