United States District Court, M.D. Tennessee, Nashville Division
WILLIAM A. HUNTER, Plaintiff,
CORE CIVIC, INC., et al., Defendants.
MEMORANDUM AND ORDER
A. Trauger, United States District Judge
Hunter 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. 2).
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).
plaintiff is herewith ASSESSED the civil
filing fee of $350.00. Pursuant to 28 U.S.C. §
1915(b)(1)(A) and (B), the custodian of the plaintiff's
inmate trust account at the institution where he now resides
is directed to submit to the Clerk of Court, as an initial
partial payment, whichever is greater of:
(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. §
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).
Metro Davidson County Detention Facility is currently
experiencing an outbreak of scabies. The plaintiff has been
“itching and scratching a lot.” Doc. No. 1 at 5.
He believes that he has been infected with scabies.
Id. When this was reported to the medical staff,
they “put a black light on me and said they don't
see anything.” Id. Nevertheless, he was
prescribed a hydrocortisone cream for the itching.
the cream proved ineffective, plaintiff returned to the
infirmary. He was seen by a nurse who gave him a pink lotion
for the itching. Id. He has yet, however, to be
examined by a doctor or referred to a dermatologist. The
cream and lotion have proven to be ineffective and he
continues to suffer. The defendants are aware of
plaintiff's situation but have allegedly done nothing to
ease his suffering. The plaintiff seeks relief in the form of
treatment for scabies and damages. Id. at 6.
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
outbreak of an infectious condition creates an unhealthy
environment. The defendants, Core Civic and Dr. Bridges, a
physician at the Detention Facility, are apparently aware of
the outbreak but have in effective done nothing to ease the
plaintiff's suffering. Since this could be construed as a
deliberate indifference to plaintiff's serious medical
needs, the Court finds that the plaintiff has 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 ...