United States District Court, M.D. Tennessee, Nashville Division
STEPHEN J. TURNER, Plaintiff,
SHERIFF CHRIS DAVIS, et al, Defendants.
REPORT AND RECOMMENDATION
JEFFERY S. FRENSLEY, United States Magistrate Judge
Introduction and Background
matter is before the Court upon Defendant's Motion for
Summary Judgment.Along with his Motion, Defendant has
contemporaneously filed a supporting Memorandum of Law
(Docket No. 21), a “Statement of Material and
Undisputed Facts” (Docket No. 22), and his Affidavit
(“Def. Aff.”) (Docket No. 23).
has not responded to either the instant Motion or to
Defendant's Statement of Material and Undisputed Facts,
nor has Plaintiff filed his own Statement of Undisputed
filed this pro se, in forma pauperis action pursuant to 42
U.S.C. § 1983, alleging, inter alia, that
Defendant, solely in his official capacity as Sheriff of
Humphrey's County, violated his Eighth Amendment rights
when Humphreys County employees failed to take him to the
emergency room after he was “jumped by 5 inmates”
in the Humphreys County Jail and sustained a bloody nose and
lip, swollen eyes, and chipped teeth. Docket No. 1. Plaintiff
avers, “They told us they had to call the Nurse and the
Sheriff Chris Davis to see if I should go [to the hospital].
Neither was there to see me . . . “ Id. at 8.
As to Defendant specifically, Plaintiff avers, “Sheriff
Chris Davis denied me of medical treatment. Sheriff Davis
never seen how bad my injuries was to make that call.”
Id. at 6. Plaintiff seeks “$200, 000 in
damages for starters.” Id. at 7.
filed the instant Motion and supporting materials arguing
that this action should be dismissed because: (1) Plaintiff
did not have a serious medical need; (2) no Humphreys County
employee was deliberately indifferent to any serious medical
need; (3) no official Humphreys County policy, practice, or
custom was the driving force behind any alleged
constitutional violation; and (4) any state law claims would
be barred by the Tennessee Governmental Tort Liability Act.
Docket No. 20.
reasons set forth below, the undersigned recommends that
Defendant's Motion for Summary Judgment (Docket No. 20)
be GRANTED, and that this action be DISMISSED WITH PREJUDICE.
was booked into the Humphreys County Jail on June 24, 2016 at
approximately 7:45 pm on charges of domestic assault and
simple possession. Docket No. 23, Def. Aff., ¶ 5, Ex. 1.
approximately 9:20 pm, Plaintiff was involved in a fight with
several other inmates. Id., ¶ 6, Ex. 2.
Plaintiff had blood coming from his nose and his lip, and he
had at least one chipped tooth. Id. After the fight,
Correctional Officer Potvin brought Plaintiff to the booking
hallway. Id. Correctional Officer Jarnagin called
the Jail Administrator to inform him of what happened, and
also called Jail Nurse Ragan and informed him of
Plaintiff's condition. Id. Nurse Ragan advised
Correctional Officer Jarnagin that Plaintiff did not need to
be taken to the emergency room, but instead should be placed
on medical watch and observed. Id. Plaintiff was
placed in the detox cell for observation, and released the
following day at 10 am. Id., see also, Ex. 2.
Chris Davis was, at all times relevant to the instant action,
the Sheriff of Humphreys County, Tennessee. Id.,
¶ 3. In his capacity as Sheriff, he has access to inmate
records and jail records, including booking reports and
incident reports, which are kept in the regular course and
scope of operating the Humphreys County Jail. Id.
Also in his capacity as Sheriff, Defendant has knowledge of
the policies and procedures applicable to the Humphreys
County Jail generally. Id., ¶ 4. Humphreys
County has a policy in place requiring that
“[n]ecessary medical services will be provided to all
inmates incarcerated in the Humphreys County Jail. This can
include, but not limited to first aid, doctors office visits,
or treatment in the emergency room.” Id.,
¶ 7, Ex. 3. All correctional officers and Humphreys
County Jail employees are trained on the Jail policies and
procedures and are expected to follow them. Id.,
time during Plaintiff's incarceration between June
24th and June 25th of 2016 did
Defendant interact with Plaintiff. Id., ¶ 8.
Additionally, at no time during Plaintiff's incarceration
was Defendant made aware of Plaintiff's fight, alleged
injuries, or treatment provided for injuries. Id.
Moreover, the Jail nurse on duty at the time during
Plaintiff's incarceration was not a Humphreys County
employee, but rather, is employed by a third party medical
provider who contracts to provide medical services in the
Jail. Id., ¶ 9.
Law and Analysis
Local Rules 7.01(b) and 56.01(c) and (g)
Rule 7.01(b) states, in pertinent part:
b. Response. Each party opposing a motion
shall serve and file a response, memorandum, affidavits and
other responsive material not later than fourteen (14) days
after service of the motion, except, that in cases of a
motion for summary judgment, that time shall be twenty-one
(21) days after the service of the motion, unless otherwise
ordered by the Court. Failure to file a timely response shall
indicate that there is no opposition to the motion.
filed the instant Motion on October 18, 2017. Docket No. 20.
Plaintiff has failed to respond to Defendant's Motion.
with respect to Motions for Summary Judgment specifically,
Local Rules ...