United States District Court, M.D. Tennessee, Nashville Division
JEFF W. HAITHCOTE, Plaintiff,
TDOC DEPUTY COMMISSIONER WOODARD, et al., Defendants.
WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE
Haithcote, a state inmate confined at the Lois M. DeBerry
Special Needs Facility in Nashville, Tennessee, filed this
pro se civil rights complaint under 42 U.S.C. §
1983. (Doc. No. 1.) Plaintiff has also filed an application
to proceed in forma pauperis (Doc. No. 2) and a
motion to appoint counsel (Doc. No. 3).
Application to Proceed as a Pauper
prisoner bringing a civil action may be permitted to file
suit without prepaying the filing fee. 28 U.S.C. §
1915(a). Because it appears from Plaintiff's in forma
pauperis application that he lacks sufficient financial
resources from which to pay the full filing fee in advance,
Plaintiff's application (Doc. No. 2) will be granted.
Plaintiff nonetheless remains responsible for paying the full
filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff will
therefore be assessed the full $350.00 filing fee, to be paid
as directed in the accompanying Order.
Court is required to conduct an initial review and dismiss
the complaint if it is frivolous or malicious, fails to state
a claim upon which relief may be granted, or seeks monetary
relief against a defendant who is immune from such relief. 28
U.S.C. §§ 1915A, 1915(e)(2)(B); 42 U.S.C. §
1997e(c)(1). The Court must construe a pro se
plaintiff's complaint liberally, United States v.
Smotherman, 838 F.3d 736 (6th Cir. 2016) (citing
Erickson v. Pardus, 551 U.S. 89, 94 (2007)), and
accept the plaintiff's factual allegations as true unless
they are entirely without credibility. See Thomas v.
Eby, 481 F.3d 434, 437 (6th Cir. 2007) (citing
Denton v. Hernandez, 504 U.S. 25, 33 (1992)).
December 13 and 14, 2016, while confined at the Bedford
County Jail (“BCJ”) in Shelbyville, Tennessee,
Plaintiff was referred to Moccasin Bend Mental Health
Institute (“MBMHI”) in Chattanooga, Tennessee.
(Doc. No. 1 at 13.) MBMHI staff prescribed Plaintiff Zoloft
and diagnosed him with a drug disorder, anti-social disorder,
depression disorder, and suicidal ideation. (Id.)
Bedford County Sheriff Austin Swing, BCJ Administrator Mary
West, and BCJ Captain of Operations Tim Lokey were allegedly
aware of Plaintiff's visit to MBMHI. (Id.)
early 2017, Plaintiff filled out a sick call request at BCJ
stating that he was still experiencing serious depression and
needed his medication adjusted. (Id. at 14.)
Plaintiff told a nurse he was having suicidal thoughts, and
the nurse made an appointment for Plaintiff to see a doctor
the next day. (Id.) Plaintiff returned to general
population in contravention of policy requiring him to be
placed in observatory isolation. (Id.) Plaintiff did
not see a doctor the next day, and BCJ Nurse Becky later
informed him that a doctor visit was unnecessary because she
had doubled his medication. (Id.)
January 18, 2017, Plaintiff had an adverse reaction to his
medication in the form of an “anxiety attack of
sorts.” (Id.) After Plaintiff overcame the
adverse reaction, another BCJ inmate tackled Plaintiff.
(Id. at 10, 14.) Plaintiff did not provoke the
the attack, Plaintiff laid on the ground and told BCJ
Correctional Officers Jordon, Cooper, and Crow “at
least 3 times” that the attack had broken his hip.
(Id. at 10.) Jordon, Cooper, and Crow nonetheless
placed Plaintiff in handcuffs, forced him to walk
“approximately 70-75 feet” to the booking area,
and strapped him into a restraint chair. (Id.)
Plaintiff alleges that he “felt [his leg] completely
break right before” being strapped into the restraint
chair. (Id. at 10-11.) Plaintiff was then taken to
Bedford County Hospital, where Plaintiff received x-ray scans
that reflected his “upper right femur bone was
completely broken.” (Id. at 11.) Plaintiff has
not moved without the aid of a wheelchair or walker since the
attack. (Id. at 12, 17.)
evening of January 19, 2017, Dr. Peterson performed surgery
on Plaintiff at Bedford County Hospital, inserting an
“8 to 10 inch rod” in Plaintiff's upper right
leg. (Id. at 11.) Dr. Peterson did not treat
Plaintiff's “busted right knee.”
(Id.) On January 22, 2017, Plaintiff returned to the
Bedford County Jail and informed BCJ security and medical
staff that he was experiencing “extreme pain, ”
bruising, and swelling in his right knee. (Id.) The
condition of Plaintiff's right knee worsened overnight.
(Id.) Another inmate helped Plaintiff prepare sick
call requests, grievances, and requests for “furlough
status” in an effort to get Plaintiff medical
attention. (Id.) Plaintiff sent these requests to
Sheriff Swing, BCJ Administrator West, and BCJ Captain of
Operations Lokey. (Id.) Lokey denied these requests.
point after Lokey denied the requests, Plaintiff received an
x-ray scan of his right knee. (Id.) Plaintiff did
not receive any further treatment at Bedford County Jail, and
he was transferred to DeBerry Special Needs Facility
(“DSNF”) on safekeeping status within the
following week. (Id.)
February 2, 2017 to March 2, 2017, Plaintiff
“complained about” his right knee at DSNF.
(Id.) On March 2, 2017, Plaintiff attended a
scheduled visit to receive an x-ray scan of his right upper
femur. (Id.) An x-ray technician named Wayne felt
“pieces of broken bone protruding from the back and
side, ” and then took an x-ray scan of Plaintiff's
right knee. (Id.) DSNF medical staff prescribed
Plaintiff a wheelchair, walker, and ibuprofen. (Id.
at 12, 17.) Dr. Nwozo, a bone specialist, reviewed
Plaintiff's x-ray and recommended Plaintiff undergo
surgery to remove bone fragments ...