MEMORANDUM DECISION AND ORDER I. INTRODUCTION On August 5, 2024, Plaintiff Daniel Hyers commenced this action against Defendants Daniel F. Martuscello, III, in his official capacity as Commissioner of the Department of Corrections and Community Supervision (“DOCCS”), Anne Marie McGrath, in her official capacity as Deputy Commissioner of DOCCS, and Doug Botsford, in his official capacity as the head of Classification and Movement of DOCCS. See Dkt. No. 1 (“Complaint”).1 Simultaneously, Plaintiff filed an emergency motion for a preliminary injunction and a temporary restraining order by notice of motion seeking an order that “restrain[s] Defendants, their agents, employees, and those acting in concert with them from transferring Plaintiff to any facility without adequate protective custody measures or placing him in the general population.” Dkt. No. 2-1 (“Motion”) at 3.2 The Amended Complaint requests more detailed relief, specifically seeking an injunction ordering Defendants to: “(i) [i]mmediately place Plaintiff in mandated long-term protective custody; (ii) [d]evelop and implement a comprehensive safety plan for Plaintiff; (iii) [e]nsure that Plaintiff is not transported or housed with inmates on his no-contact list; and (iv) [e]nsure that Plaintiff is not housed near inmates affiliated with the Bloods Gang or [who] pose threats to Plaintiff.” Dkt. No. 5 at 8. On August 6, 2024, the Court granted in part Plaintiff’s request for a temporary restraining order (“TRO”). Defendants responded to Plaintiff’s Motion on August 12, 2024, see Dkt. No. 14, and Plaintiff submitted a reply on August 14, 2024, see Dkt. No. 15. Thereafter, the Court ordered the Parties to appear in-person for a hearing on Plaintiff’s Motion, which took place on August 16, 2024, before the undersigned. See Dkt. No. 16. Following the August 16 hearing, the Parties were directed to continue their ongoing efforts to resolve their differences relating to Plaintiff’s Motion, and to submit a status report to the Court regarding those efforts. See Dkt. No. 19. On September 4, 2024, the Parties submitted a status report informing the Court that they were unable to fully resolve their differences. See Dkt. No. 22. The Court requested further briefing from the Parties on September 5, 2024, to understand the nature of the differences that remained. See Dkt. No. 23. Accordingly, Plaintiff submitted a letter brief on September 5, 2024, see Dkt. No. 24, and Defendant filed a response on September 6, 2024, see Dkt. No. 25. For the reasons set forth herein, the Court grants in part and denies in part Plaintiff’s Motion and vacates the TRO. II. BACKGROUND3 Several years prior to the filing of this action, Plaintiff provided testimony in a separate litigation against members of the Bloods Gang pertaining to the gang’s supposed illegal activities within the prison system. See Dkt. No. 5 at 9. Subsequently, Plaintiff alleges that he has experienced varying levels of verbal harassment and physical harm by members of the Bloods Gang while housed in the general population of various DOCCS facilities. Id. at
10, 12 (“Plaintiff has been subjected to ongoing verbal threats, destruction of personal property, and physical violence when not in protective custody.”).4 As one example, “while incarcerated a few years ago,” Plaintiff was stabbed by a Bloods Gang member. Id. at 9. As a result, on March 6, 2024, upon learning DOCCS intended to transfer Plaintiff from his current placement at Wende Correctional Facility, Plaintiff’s counsel sent a letter to Cathy Y. Sheehan (Deputy Commissioner and Counsel for DOCCS), and Darren T. Miller (Deputy Commissioner and Chief of the Office of Special Investigations (“OSI”)), requesting that Plaintiff be placed in protective custody wherever he is transferred, and asserting that any time Plaintiff is placed in the general population, his safety and well-being is jeopardized. See id. at
