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Shye v. Melton

United States District Court, M.D. Tennessee, Northeastern Division

December 2, 2014

ROYCE D. SHYE
v.
W.B. MELTON, et al.

REPORT AND RECOMENDATION

JULIET GRIFFIN, Magistrate Judge.

TO: Honorable Kevin H. Sharp, Chief District Judge.

By Order entered January 16, 2014 (Docket Entry No. 3), this action was referred to the Magistrate Judge to enter a scheduling order for the management of the case, to dispose or recommend disposition of any pretrial motions under 28 U.S.C. §§ 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b) of the Federal Rules of Civil Procedure and the Local Rules of Court.

Presently pending before the Court is the Defendants' motion for summary judgment (Docket Entry No. 33). The plaintiff has not responded to the motion.[1] For the reasons set out below, the Court recommends that the motion for summary judgment be granted.

I. BACKGROUND

The plaintiff is an inmate of the Tennessee Department of Correction ("TDOC") currently confined at the Hardeman County Correctional Facility ("HCCC"). On December 23, 2013, he filed this action pro se and in forma pauperis based upon events that occurred at the Overton County Jail ("Jail") in Livingston, Tennessee, where he was incarcerated at the time the lawsuit was filed and prior to being transferred to the TDOC. The plaintiff seeks nominal and punitive damages under 42 U.S.C. § 1983 and names as defendants former Overton County Sheriff W.B. Melton("Melton") and former Jail Administrator Shannon Harvey ("Harvey").[2] The plaintiff sets out seven pages of complaints about conditions at the Jail, including allegations that:

1) the food portions served at the Jail are nutritionally inadequate and do not meet state and TDOC guidelines, see Complaint (Docket Entry No. 1) at 5;
2) the physical condition of the Jail is old, unsafe and unsanitary because rust, dirt, graffiti, mold, and raw sewage are present in the inmate living areas, the showers are rusty, slippery, and do not have handrails, the Jail is not properly cleaned, and there is little natural sunlight, id. at 6-8;
3) the temperature at the Jail is too cold, id. at 8;
4) the cell door at the Jail did not lock properly causing a safety issue, id. at 8;
5) there are dead insects in the lights, id. at 9-10; and
6) the overall medical care offered to inmates is inadequate and emergency medical care is virtually non-existent. Id. at 8-11.

The plaintiff alleges that he suffered severe and extreme stress, anxiety, depression, and emotional distress because of the conditions at the Jail. Id. at 10-11.[3]

The Defendants filed an answer, see Docket Entry No. 11, and scheduling orders were entered providing for a period of pretrial activity. See Docket Entry Nos. 12, 24, and 32. All ...


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