Plaintiff was granted a preliminary injunction to receive cataract surgery. The prisoner was scheduled to eventually be transferred to Bureau of Prisons custody and the U.S. Marshals Service assessed, per practice, that he could wait to have catatact surgery until after his transfer to the Bureau of Prisons.
The judge found that Plainitff would likely succeed on the merits of his Eighth Amendment claim and was likely to suffer irreparable Harm without an injuction. The parties settled on the attorney's fees.