A. Trauger United States District Judge.
Vaughn is an inmate at the Metro Davidson County Detention
Facility in Nashville. He has filed pro se a
prisoner complaint (Doc. No. 1) brought pursuant to 42 U.S.C.
§ 1983 and an application to proceed in forma pauperis
(Doc. No. 5).
appears from his application that the plaintiff lacks
sufficient financial resources from which to pay the fee
required to file the complaint. Accordingly, plaintiff's
application is GRANTED. The Clerk shall file
the complaint in forma pauperis. 28 U.S.C. § 1915(a).
(a) twenty percent (20%) of the average monthly deposits to
the plaintiff's inmate trust account;
(b) twenty percent (20%) of the average monthly balance in
the plaintiff's inmate trust account for the prior six
the custodian shall submit twenty percent (20%) of the
plaintiff's preceding monthly income (or income
credited to the plaintiff's trust account for the
preceding month), but only when such monthly income exceeds
ten dollars ($10.00), until the full filing fee of three
hundred fifty dollars ($350.00) as authorized under 28
U.S.C. § 1914(a) has been paid to the Clerk of Court.
28 U.S.C. § 1915(b)(2).
defendant, Core Civic, Inc., is a privately held
corporation under contract with the Metropolitan Government
of Nashville and Davidson County to operate the Metro
Davidson County Detention Facility. In that capacity, this
defendant acts under color of state law and is subject to
suit under 42 U.S.C. § 1983. Street v. Corrections
Corp. of America, 102 F.3d 810, 814 (6th Cir. 1996).
to the complaint, the Metro Davidson County Detention
Facility is currently experiencing an outbreak of
scabies. The plaintiff does not specifically
allege that he has been infected with scabies. However, he
avers that medical personnel gave him six pills. Docket
Entry No. 1 at 5. The plaintiff further alleges that the
defendant, Pamela Hayes, “made me sighn [sic] papers
saying I did not have scabies or I would be taken to
plaintiff asserts that the outbreak of scabies at the
facility is “due to women being brought here without
being sanitized.” Id. He states that the
defendants, Pamela Hayes and Warden Charlie Peterson, knew
what was going on but failed to have female inmates
properly screened by medical personnel.Id.
Eighth Amendment imposes upon a county an obligation to
provide its prisoners with reasonably adequate food,
clothing, shelter, sanitation, recreation and medical care.
Grubbs v. Bradley, 552 F.Supp. 1052, 1119-1124
(M.D. Tenn.1982). The failure to provide such necessities
is a violation of an inmate's right to be free from
cruel and unusual punishment. Bellamy v. Bradley,
729 F.2d 416 (6th Cir.1984).
outbreak of an infectious condition creates an unhealthy
environment. The defendants' policies towards the
treatment of female prisoners has allegedly led to such an
environment. The plaintiff has, therefore, stated a
colorable claim for relief. 28 U.S.C. § 1915A.
the Clerk is instructed to send the plaintiff a service
packet (a blank summons and USM 285 form) for each
defendant. The plaintiff will complete the service packets
and return them to the Clerk's Office within
twenty one (21) days of the date of
receipt of this order.
return of the service packets, PROCESS SHALL
ISSUE to the defendants. The plaintiff is
forewarned that the failure to return the completed service
packets within the time required could jeopardize his
prosecution of this action. He is further forewarned that
his prosecution of this action will be jeopardized should
he fail to keep the Clerk's Office informed of his
action is 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