United States District Court, D. South Carolina
REPORT AND RECOMMENDATION OF MAGISTRATE
Jacquelyn D. Austin United States Magistrate Judge
matter is before the Court on a motion for permanent
injunction. [Doc. 24.] Pursuant to the provisions of 28
U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2),
D.S.C., this magistrate judge is authorized to review all
pretrial matters in cases filed under 42 U.S.C. § 1983
and to submit findings and recommendations to the District
filed this pro se action on January 24, 2018. [Doc. 1.]
Plaintiff filed a motion for permanent injunction on March
22, 2018. [Docs. 24; 24-1 at 1.] Defendants filed a response
on June 28, 2018. [Doc. 59.] Plaintiff did not file a reply
to Defendants' response and the time to do so has now
run. Accordingly, the motion is ripe for review.
is an inmate incarcerated in the South Carolina Department of
Corrections (SCDC). He alleges he was the victim of an
incident of excessive force on June 28 or 29, 2017, at Broad
River Correctional Institution, where he was incarcerated.
[Docs. 1 at 5; 24.] His complaint requests money damages.
[Id. at 6.] In his motion for permanent injunction,
Plaintiff seeks a “transfer from [SCDC] to the
Department of Mental [H]ealth under S.C. Code Sec. §
44-23-210(3), ” which he describes as “mandatory
law.” [Doc. 24.] In support of his motion, Plaintiff
claims that he is “[a] mental health patient”
taking “3 kinds of psychotic medications.”
[Id.] He claims that continuing to be housed at SCDC
is causing him to have a “constant fear for his health
and life, ” which is exacerbating his mental problems.
Code Ann. § 44-23-210 states that
A person confined in a state institution or a person confined
in a state or private mental health or intellectual
disability facility may be transferred to another mental
health or intellectual disability facility if:
(1) the director of a state institution not under the
jurisdiction of the Department of Mental Health requests the
admission of a person confined there to a state mental health
facility if the person is suspected of having a mental
illness. . . .
(2) the director of a facility in which the patient resides
determines that it would be consistent with the medical needs
of the person, the Department of Mental Health may transfer
or authorize the transfer of the patient from one facility to
another. . . .
(3) the legal guardian, parent, spouse, relative or friend of
an involuntary patient submits a request for the transfer of
the patient from one Department of Mental Health facility
to another. . . .
S.C. Code Ann. § 44-23-210 (emphasis added).
argue that Plaintiff is a prisoner incarcerated in SCDC, not
a patient of a Department of Mental Health facility, and thus
that S.C. Code Ann. § 44-23-210(3) does not apply to
him. [Doc. 59 at 1.] Defendants further contend that, in any
event, SC Code Ann. § 44-23-210 is discretionary and not
mandatory and therefore would not entitle Plaintiff to an
injunction requiring his transfer even if it did apply to
him. See S.C. Code Ann. § 44-23-210 (providing
that a person “may be transferred to another
mental health or intellectual disability facility” if
the specified conditions apply (emphasis added)). The Court
agrees that Plaintiff is not entitled to an injunction
requiring his transfer to the Department of Mental