United States District Court, M.D. Tennessee, Columbia Division
D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE
Green IV is an inmate of the Turney Center Industrial Prison
in Only, Tennessee, brings this pro se, in forma
pauperis action under 42 U.S.C. § 1983 against
Jason Woodall, Benjamin Beane, Cherry Lindamood, Shane
McClain, f/n/u Buttram, f/n/u Harris, and f/n/u Polly,
alleging violations of the Plaintiff's federal civil and
constitutional rights. (Doc. No. 1). As relief, the Plaintiff
seeks a declaratory judgment and compensatory and punitive
damages. (Id. at 13).
complaint is before the Court for an initial review pursuant
to the Prison Litigation Reform Act (“PLRA”), 28
U.S.C. §§ 1915(e)(2) and 1915A.
PLRA Screening Standard
28 U.S.C. § 1915(e)(2)(B), the court must dismiss any
portion of a civil complaint filed in forma pauperis
that fails to state a claim upon which relief can be granted,
is frivolous, or seeks monetary relief from a defendant who
is immune from such relief. Section 1915A similarly requires
initial review of any “complaint in a civil action in
which a prisoner seeks redress from a governmental entity or
officer or employee of a governmental entity, ”
id. § 1915A(a), and summary dismissal of the
complaint on the same grounds as those articulated in §
1915(e)(2)(B). Id. § 1915A(b).
Sixth Circuit has confirmed that the dismissal standard
articulated by the Supreme Court in Ashcroft v.
Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp.
v. Twombly, 550 U.S. 544 (2007), “governs
dismissals for failure to state a claim under those statutes
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). Thus, to survive scrutiny on
initial review, “a complaint must contain sufficient
factual matter, accepted as true, to ‘state a claim to
relief that is plausible on its face.'”
Iqbal, 556 U.S. at 678 (quoting Twombly,
550 U.S. at 570). “A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Id. (citing
Twombly, 550 U.S. at 556). “[A] district court
must (1) view the complaint in the light most favorable to
the plaintiff and (2) take all well-pleaded factual
allegations as true.” Tackett v. M & G
Polymers, USA, LLC, 561F.3d 478, 488 (6th Cir. 2009)
(citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th
Cir. 2009) (citations omitted)).
pro se pleadings are to be held to a less stringent
standard than formal pleadings drafted by lawyers, Haines
v. Kerner, 404 U.S. 519, 520-21 (1972); Jourdan v.
Jabe, 951 F.2d 108, 110 (6th Cir. 1991), the courts'
“duty to be ‘less stringent' with pro
se complaints does not require us to conjure up
[unpleaded] allegations.” McDonald v. Hall,
610 F.2d 16, 19 (1st Cir. 1979) (citation omitted).
Section 1983 Standard
Plaintiff brings his federal claims pursuant to 42 U.S.C.
§ 1983. Title 42 U.S.C. § 1983 creates a cause of
action against any person who, acting under color of state
law, abridges “rights, privileges, or immunities
secured by the Constitution and laws . . . .” To state
a claim under § 1983, a plaintiff must allege and show
two elements: (1) that he was deprived of a right secured by
the Constitution or laws of the United States; and (2) that
the deprivation was caused by a person acting under color of
state law. Tahfs v. Proctor, 316 F.3d 584, 590
(6th Cir. 2003); 42 U.S.C. § 1983.
to the complaint, while in the custody of the South Central
Correctional Facility, on August 16, 2016, the Plaintiff was
stabbed by another inmate after Defendant Corrections Officer
Harris permitted that inmate to enter the Plaintiff's
housing unit. The complaint alleges that, “at a
minimum, Defendant Harris was supposed to have stopped his
attacker from even entering this area due to the offender not
living in this area. Plaintiff contends that this was a
dereliction of duties on behalf of Defendant Harris.”
(Doc. No. 1 at 5). The complaint also alleges that Defendant
Harris allowed the attacker to flee the scene. (Id.)
Plaintiff sought medical attention, and Defendant Polly, a
case manager, called for help. The complaint alleges that it
took approximately fifteen to twenty minutes before anyone
arrived to assist the Plaintiff. According to the complaint,
“due to the severity of the inflicted stab wounds
Plaintiff was forced to drink three (3) cups of his own blood
in order to sustain consciousness.” (Id. at
6). While the Plaintiff was being placed on the stretcher and
taken to the prison infirmary, Defendant Harris told the
guards: “Go ahead and let him die.”
Plaintiff was examined by infirmary staff and then
transported by ambulance to Wayne County General Hospital.
There, the Plaintiff received some treatment but, due to the
severity of his injuries, was transferred to Meharry General
Hospital. The Plaintiff was admitted and treated at Meharry
General Hospital for four days.
Plaintiff filed a grievance concerning the August 16, 2016,
incident on August 23, 2016, and Defendant Staggs did not
file the grievance until September 7, 2016. The complaint
alleges that the Plaintiff is unsatisfied with how his