Arnzen v. Palmer - Northern District of Iowa

preliminary injunction substantially the same relief it would obtain after a trial on the
merits, the movant’s burden is particularly “heavy.” Id. (citing Dakota Indus., Inc. v.
Ever Best Ltd., 944 F.2d 438, 440 (8th Cir. 1991)).
CCUSO is appropriately concerned about activities of patients in the bathrooms at
the facility, but to its credit, in its policy it has attempted to protect, at least to a certain
extent, the privacy rights of its patients. The court believes it can fashion relief that will
address the defendants’ concerns while, at the same time, protect the plaintiffs’ interests
while the case is processed.
The court recommends that the plaintiffs’ motion for preliminary injunction be
granted, and that the defendants be enjoined as follows:
During the pendency of this action, video cameras may be maintained and
operated in the restrooms and showers of the facility, but no one is permitted
to monitor or view the video or any recordings of the video without first
obtaining an order from this court authorizing such viewing. The court will
authorize such viewing if the requesting party establishes that there is a
reasonable suspicion that evidence of criminal behavior, sexual contact,
and/or acts jeopardizing the secure and safe operation of the facility will be
found on the video or on a recording of the video. Any motion requesting
authorization to view a video or a recording of a video may be filed ex parte
and under seal.
Recommendation
For the reasons stated above, IT IS RESPECTFULLY RECOMMENDED that the
plaintiff’s application for a preliminary injunction (Doc. No. 15) be granted consistent
with the above ruling. 3
3 This order also terminates Docket Number 24, a pro se motion for temporary restraining order,
which is denied.
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