United States District Court, M.D. Tennessee, Nashville Division
MEMORANDUM OPINION AND ORDER
CRENSHAW CHIEF JUDGE
Welch 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:
twenty percent (20%) of the average monthly deposits to the
Plaintiff's inmate trust account;
twenty percent (20%) of the average monthly balance in the
Plaintiff's inmate trust account for the prior six (6)
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, 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, the 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 Plaintiff suffers from bi-polar
depression and seizures. (Doc. No. 1 at 7.) On July 4, 2017,
the Plaintiff experienced a seizure. During the seizure, he
fell back and hit his head hard on the floor. (Id at
5). The officer on duty (Porter) did not notice the Plaintiff
seizing and falling to the floor. (Id.) When he
became aware of the Plaintiff's need for medical
assistance, the officer sent him to the infirmary rather than
calling for a medical emergency “as the policy
states.” (Id.) The Plaintiff alleges that the
failure to call for a medical emergency placed his safety at
Plaintiff was twice refused medical attention for the fall.
(Id.) The third time he reported to the infirmary,
though, the Plaintiff was seen by a nurse (Price). The nurse
merely asked the Plaintiff some questions about his
condition, checked his blood pressure, and told him that he
had not suffered a seizure. (Id.) The Plaintiff was
given some Ibuprofen and sent back to his cell.
Plaintiff notes two consecutive days that the medication he
needed to control the bi-polar depression and seizures was
not available. (Id at 7.) When he continued to
experience dizziness and blurred vision, the Plaintiff was
examined by a nurse (Price). (Id.) During a
subsequent examination by Dr. Janet Usher, the Plaintiff was
told that the seizure he experienced could have been caused
by him not receiving his medication. (Id.) Dr. Usher
issued instructions for the Plaintiff to receive a lower bunk
assignment. He was forced, however, to sleep in a top bunk
for over a month and a half before the doctor's
instructions were carried out. (Id at 8.)
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
informal grievance (Doc. No. 1 at 10), the Plaintiff
describes being told that he was not getting his medication
regularly because “they were understaffed, deal with
it.” The Defendant's policies towards staffing and
providing adequate medical care may have led to the Plaintiff
suffering from a seizure on at least one occasion. 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 the Defendant.
The Plaintiff will complete the service packet and return it
to the Clerk's Office ...