Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stone v. Sevier County Sheriff's Department

United States District Court, E.D. Tennessee

November 21, 2016

JUSTIN STONE, Plaintiff,
v.
SEVIER COUNTY SHERIFF'S DEPARTMENT, and QUALITY HEALTH CARE, Defendants.

          MEMORANDUM

          THOMAS A. VARLAN, CHIEF UNITED STATES DISTRICT JUDGE

         Acting pro se, Justin Stone, an inmate confined in the Sevier County Jail, has submitted this civil rights complaint for damages under 42 U.S.C. § 1983 against the Sevier County Sheriff's Department and Quality Health Care [Doc. 1], as well as a motion for leave to proceed in forma pauperis [Doc. 2].

         I. Filing Fee

         Based on the financial data provided by Plaintiff, his application to proceed without prepayment of fees [Doc. 2] will be GRANTED. Nonetheless, because Plaintiff is an inmate, he will be ASSESSED the filing fee of three hundred and fifty dollars ($350). McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). The custodian of Plaintiff's inmate trust account at the institution where he now resides shall submit, as an initial partial payment, whichever is the greater of: (a) twenty percent (20%) of the average monthly deposits to Plaintiff's inmate trust account; or (b) twenty percent (20%) of the average monthly balance in his inmate trust account for the six-month period preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1)(A) and (B). Thereafter, the trust account custodian shall submit twenty percent (20%) of Plaintiff's preceding monthly income (or income credited to his trust account for the preceding month), but only when such monthly income exceeds $10.00, until the full filing fee of $350 has been paid to the Clerk's Office. McGore, 114 F.3d at 607.

         Payments should be sent to: Clerk, USDC; 800 Market Street, Suite 130, Knoxville, Tennessee 37902. To ensure compliance with the fee-collection procedure, the Clerk will be DIRECTED to mail a copy of this memorandum and the accompanying order to the custodian of inmate accounts at the institution where Plaintiff is now confined. The Clerk will also be DIRECTED to furnish a copy of this memorandum and the accompanying order to the Court's financial deputy. This memorandum and the accompanying order shall be placed in Plaintiff's prison file and follow him if he is transferred to another correctional institution.

         II. Screening Requirement

         Under the Prison Litigation Reform Act (“PLRA”), district courts must screen prisoner complaints and sua sponte dismiss those that are frivolous or malicious, fail to state a claim for relief, or are against a defendant who is immune. See, e.g., Benson v. O'Brian, 179 F.3d 1014 (6th Cir. 1999). In screening the instant complaint, the Court bears in mind that pro se pleadings filed in civil rights cases must be liberally construed and held to a less stringent standard than formal pleadings drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). Still, the pleading must be sufficient “to state a claim to relief that is plausible on its face, ” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007), which simply means that the factual content pled by a plaintiff must permit a court “to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556).

         The “facial plausibility” standard does not require “detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Id. at 678 (citations and internal quotation marks omitted). The standard articulated in Twombly and Iqbal “governs dismissals for failure to state a claim under [28 U.S.C. §§ 1915(e)(2) and 1915A] because the relevant statutory language tracks the language in Rule 12(b)(6).” Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010).

         III. Plaintiff's Allegations

         While in general population at Sevier County Jail, ten inmates jumped Plaintiff “ripping off” his ear, fracturing his right eye socket, and breaking his ribs and teeth [Doc. 1 p. 4]. Thereafter, Plaintiff was placed in solitary confinement so he “could be looked after better” [Id.]. Since the confrontation with the other inmates, Plaintiff complains that he suffers from seizures, double vision, and tension headaches [Id.]. Plaintiff asserts that prior to being jumped, he never suffered from any of these complained of injuries [Id.].

         Plaintiff alleges that the doctor from UT Hospital instructed that the stitches in his ear be removed five days after the incident [Id.]. However, the jail house doctor only removed the outer stitches on Plaintiff's ear, leaving the inner stitches [Id.]. It was not until Plaintiff continually complained of pressure building in his head and constant discharge coming from his ear that anyone realized his inner ear stitches were left in [Id.]. Plaintiff complains that his inner stitches were left in too long causing infection that resulted in trouble hearing, pressure and pain, and double vision [Id.]. Plaintiff further complains that the discharge is heavy due to infection and “very uncomfortable and displeasing” [Id.].

         Furthermore, the seizures have caused his feet to become bruised and the migraines make it hard for him to open his mouth to eat properly [Id.]. Plaintiff maintains that “nothing is being done to help [him]” [Id.].

         IV. Analysis

         The Court finds that Plaintiff's allegations cannot advance in this lawsuit because the Sevier County Sheriff's Department and Quality Health ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.