United States District Court, M.D. Tennessee, Nashville Division
ORDER ACCEPTING IN PART REPORT AND RECOMMENDATION
[#42], GRANTING DEFENDANTSâ MOTION FOR SUMMARY JUDGMENT
[#28], OVERRULING PLAINTIFFâS OBJECTIONS [#43] AND DISMISSING
GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE
August 1, 2016, Plaintiff, a prisoner currently confined at
the Metro-Davidson County Detention Facility
(“Detention Facility”) in Nashville, Tennessee,
filed the instant 42 U.S.C. § 1983 action alleging his
Eighth and Fourteenth Amendment rights have been violated by
the Defendants. Defendants are employees of Corrections
Corporation of America, now known as CoreCivic, Inc.
(“CoreCivic”), which operates the Detention
claims stem from discipline he received in July of 2016
wherein he was placed on “sack lunches” for
roughly two weeks when he slammed his meal tray against the
cell door. Plaintiff claims these “sack lunches”
always contained two bologna sandwiches, a bag of chips and
cake and that his consumption of the same meal day in and day
out caused him to suffer stomach aches. Plaintiff also claims
that additional disciplinary proceedings in 2016 for separate
conduct were procedurally inadequate and improper. Lastly, he
asserts that his medical complaints were not adequately
responded to from May through July of 2016.
matter was referred to Magistrate Judge Barbara D. Holmes for
all pretrial matters pursuant to 28 U.S.C. §§
636(b)(1)(A) and (B) and Rule 72(b) of the Federal Rules of
Civil Procedure. On April 20, 2017, the Defendants filed a
Motion for Summary Judgment. Plaintiff filed a Response in
Opposition on May 16, 2017, and Defendants filed a Reply on
May 25, 2017.
before the Court is Magistrate Judge Holmes' Report and
Recommendation, filed on July 6, 2017. Magistrate Judge
Holmes recommends that the Court grant the Defendants'
Motion for Summary Judgment and dismiss this action in its
entirety. Plaintiff filed his Objections to the Report and
Recommendation on July 17, 2017, and Defendants filed a
Response to Plaintiff's Objections on July 27, 2017.
reasons that follow, the Court will accept in part Magistrate
Judge Holmes' Report and Recommendation, will grant the
Defendants' Motion for Summary Judgment, and will dismiss
this action. Specifically, the Court will accept the
Magistrate Judge's Report and Recommendation as it
relates to her recommendation concerning exhaustion of
administrative remedies on Plaintiff's medical care
claim, as well as her conclusion that Plaintiff has failed to
show any genuine issues of material fact exist as to his
LAW & ANALYSIS
Standard of Review
The standard of review to be employed by the court when
examining a report and recommendation is set forth in 28
U.S.C. § 636. This Court “shall make a de novo
determination of those portions of the report or specified
proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b)(1)(C). This Court
“may accept, reject or modify, in whole or in part, the
findings or recommendations made by the magistrate.”
Objection #1 - Exhaustion of Administrative Remedies
In her Report and Recommendation, the Magistrate Judge
concludes that Plaintiff's Complaint is subject to
dismissal because he failed to exhaust his administrative
remedies prior to filing suit.
to 42 U.S.C. § 1997e(a), a prisoner asserting an action
with respect to prison conditions under 42 U.S.C. § 1983
must first exhaust all available administrative remedies.
See Porter v. Nussle, 534 U.S. 516, 524 (2002).
has an administrative grievance system that enables inmates
to seek redress for issues relating to the conditions of
their confinement. See Dec. of Phederica Dean, Ex.
A, CoreCivic Policy 14-05. Prior to the submission of a
formal grievance, inmates are required to submit a 14-5A
Informal Resolution form within seven calendar days of the
incident giving rise to the grievance. Id. at Pg ID
195-96. If the inmate is dissatisfied with the response to
the 14-5A Informal Resolution grievance, the inmate must
initiate a formal grievance 14-5B form within five days of
receiving the Informal Resolution response. Id. at
Pg ID ...