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Lindsey v. Corizion Medical Staff

United States District Court, E.D. Tennessee, Greeneville

November 7, 2017

JAKEIL D. LINDSEY, Plaintiff,
v.
CORIZION MEDICAL STAFF, BLEDSOE COUNTY CORRECTION COMPLEX SECURITY, RUSSELL MELTON, TINA HEARD, JOHNATHAN HOLLAND, and WILLIAM LEWIS, Defendants.

          MEMORANDUM OPINION

          CURTIS L. COLLIER, UNITED STATES DISTRICT JUDGE.

         Jakeil D. Lindsey (“Plaintiff”), a pro se prisoner, brings this civil rights complaint for damages under 42 U.S.C. § 1983 [Doc. 2] and a motion for leave to proceed in forma pauperis [Doc. 1]. Plaintiff names as defendants the correctional facility's medical staff and security, along with Russell Melton, Tina Heard, Johnathan Holland, and William Lewis, in their individual and official capacities (collectively “Defendants”). Plaintiff alleges Defendants were deliberately indifferent to his serious medical condition, resulting in injuries to his head and mouth [Doc. 2 p. 5].

         For the following reasons, Plaintiff's motion for leave to proceed in forma pauperis [Doc. 1] will be GRANTED, and his complaint will advance, in part.

         I. THE FILING FEE

         It appears from the application to proceed in forma pauperis [Doc. 1] that Plaintiff lacks sufficient financial resources to pay the filing fee. Accordingly, Plaintiff's motion for leave to proceed in forma pauperis [Doc. 1] will be GRANTED pursuant to 28 U.S.C. § 1915.

         Because Plaintiff is an inmate in the Northwest Correction Complex (“NCCX”), he will be ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff's inmate trust account at NCCX will be DIRECTED to submit to the Clerk of Court, as an initial partial payment, twenty percent (20%) of the greater of either the average monthly deposits or the average monthly balance in the account for the six (6) months immediately preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1).

         After full payment of the initial partial filing fee, the custodian shall submit twenty percent (20%) of Plaintiff's preceding monthly income credited to the account, but only when the amount in the account exceeds ten dollars ($10), until the full $350 fee has been paid to the Clerk of Court. 28 U.S.C. § 1915(b)(2); McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). Payments should be mailed to: Clerk's Office, USDC; 220 West Depot Street, Suite 200; Greeneville, TN 37743.

         The Clerk of Court will be DIRECTED to send a copy of this Order to the custodian of inmate accounts at NCCX to ensure compliance with these fee-assessment procedures. The Clerk will also be DIRECTED to forward a copy of the Order to the Court's financial deputy. The accompanying Order shall become a part of Plaintiff's prison file and follow him if he is transferred to another institution. Plaintiff will be ORDERED to notify the Court of any change of address if he is transferred to another institution and to provide the prison officials at any new institution with a copy of the Order.

         II. BACKGROUND

         Plaintiff claims to suffer from grand mal seizures and epileptic attacks [Doc. 2 p. 3]. He contends that Defendants showed indifference to his serious medical conditions by failing to provide adequate medical care after he suffered from multiple seizures while incarcerated at the Bledsoe County Correctional Complex. Plaintiff suffered from seizures on February 25, 2017, March 1, 2017, March 6, 2017, March 8, 2017, March 28, 2017, April 6, 2017, May 2, 2017, and May 7, 2017, but was ignored by Defendants each time [Id.]. Plaintiff states that Defendants believe he faked his seizures, and consequently, placed him into segregation for “creating a disturbance” [Id.].

         Plaintiff further alleges that he was discriminated against because of his race [Id. at 6]. He complains that Defendants Melton and Heard opine that, “all [b]lack inmates [are] faking seizures to come to medical department clinic to harass the young white female nurses” [Id].

         Prior to his stay at the Bledsoe County Correctional Complex, Plaintiff wore a protective helmet issued by the Rutherford County Jail Medical Staff due to the potential danger to Plaintiff's head during a seizure [Id. at 5]. However, upon admittance to Bledsoe County Correctional Complex, the Corizion Medical Staff confiscated his helmet [Id.]. Because Plaintiff does not have his helmet anymore, he has suffered head injuries from falling during seizures [Id.].

         III. SCREENING

         Under 28 U.S.C. § 1915(e), a court is required to screen civil complaints brought by prisoners proceeding in forma pauperis and to dismiss an action at any time the court determines that it is frivolous or fails to state a claim upon which relief can be granted. In performing this task, the Court bears in mind the rule that pro se pleadings filed in civil rights cases are to be charitably construed and to be held to a less exacting standard than attorney-prepared complaints. Haines v. Kerner, 404 U.S. 519, 520 (1972); see also Erickson v. Pardus, 551 U.S. 89, 94 (2007) (explaining that a pro se pleading “is to be ...


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