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Bond v. D.C.S.O.

United States District Court, M.D. Tennessee, Nashville Division

October 21, 2019

JOSEPH F. BOND, JR., Plaintiff,
v.
D.C.S.O., et al., Defendants.

          MEMORANDUM OPINION

          WILLIAM L. CAMPBELL, JR. UNITED STATES DISTRICT JUDGE.

         Plaintiff Joseph F. Bond, Jr., a pretrial detainee at the Davidson County Sheriff's Office (“DCSO”) in Nashville, Tennessee, filed a pro se civil rights action under 42 U.S.C. § 1983 against DCSO and Daron Hall. (Doc. No. 1.) He also filed applications to proceed in this Court without prepaying fees and costs. (Doc. Nos. 2, 6, 8.)

         I. APPLICATIONS TO PROCEED AS A PAUPER

         The Court may authorize a prisoner to file a civil suit without prepaying the filing fee. 28 U.S.C. § 1915(a). Because it appears from Plaintiff's in forma pauperis applications that he cannot pay the full filing fee in advance, his applications (Doc. Nos. 2, 6, 8) will be granted. The $350.00 filing fee will be assessed as directed in the accompanying Order. 28 U.S.C. § 1915(b)(1).

         II. INITIAL REVIEW

         Under the screening requirements of the Prison Litigation Reform Act (“PLRA”), the Court must 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 also construe a pro se complaint liberally, United States v. Smotherman, 838 F.3d 736, 739 (6th Cir. 2016) (citing Erickson v. Pardus, 551 U.S. 89, 94 (2007)), and accept the 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)).

         A. Factual Allegations

         Some of Plaintiff's handwriting is barely legible, and his style of punctuation and grammar make the complaint difficult to comprehend. In providing a narrative account of the facts supporting his case, Plaintiff also includes unrelated commentary and allegations about other people. Nonetheless, drawing the necessary reasonable inferences and accepting any potentially relevant factual allegations as true, the Court has established the following summary of events for the purpose of conducting an initial review.

         On or around May 24, 2019, Plaintiff alleges that he was “joy riding” his new truck in the back yard of his house. (Doc. No. 1 at 7.) He then pulled the truck to his mother's front door and got out. (Id.) At that point, police officers pointed rifles and laser sights at Plaintiff. (Id.) Fearing for his life, Plaintiff dropped to his knees. (Id.) The officers arrested Plaintiff and transported him to the Davidson County Sheriff's Office on May 24. (Id.) He is awaiting trial. (Id.)

         When he was booked at DCSO, Plaintiff realized that police officers had stolen his wallet and cell phone. (Id.) He got a laundry bag that night (id. at 10), and he placed in the bag his legal paperwork (Doc. No. 5 at 1), Bible, “daily bread” book (Doc. No. 1 at 11), clothing, and soap (id. at 8). Plaintiff was moved to a holding cell, and he did not have food and water until he was moved to “K-pod” around 10:00 a.m. on May 25. (Id. at 7-8.)

         On June 22, several guards and Officer Trey moved Plaintiff to “J-3” (id. at 8; Doc. No. 5 at 1), where he allegedly endured “the most pain [he] had to deal with in all [his] life” (Doc. No. 1 at 7). He could not take his laundry bag, and DCSO staff took Plaintiff's jump suit. (Doc. No. 5 at 1.) Plaintiff had no mattress, shoes, socks, blanket, or clothing. (Doc. No. 1 at 8.) The guards turned off the water in his cell, and neither the toilet nor the light worked. (Id.) For six days, he had to drink toilet water and sleep on the concrete floor (id.) or a metal bunk (Doc. No. 5 at 1-2).

         Plaintiff told “several officers” that the water and toilet did not work, that he needed to bathe, and that he did not have a jumpsuit or mattress. (Doc. No. 1 at 8.) He talked to a Lieutenant every day to try to figure out what was going on, and the Lieutenant told Plaintiff that he would get extra food if he calmed down. (Doc. No. 5 at 2.) Plaintiff also told “several” Lieutenants and Sergeants that he needed his laundry bag, but the bag was missing. (Doc. No. 1 at 8.) Plaintiff alleges that he submitted at least 20 grievances, and he experienced mental and physical pain. (Id.)

         On June 28, Plaintiff received a mattress and jumpsuit.[1] (Id. at 9.) He asked a Lieutenant about the location of his clothes and laundry bag. (Id.) Sergeant Brown gave Plaintiff one pair of boxers, one pair of socks, and one bath towel with some soap. (Id.) Plaintiff alleges that he filed 7 grievances “on this situation.” (Id.)

         On June 31, [2] night shift Officer Meadow and a male nurse lied about Plaintiff. (Id.; Doc. No. 5 at 2.) Plaintiff alleges that Meadow “tormented” him by hitting and kicking his cell door. (Doc. No. 5 at 2.) Plaintiff “lash[ed] back” and Meadow “called a code” on Plaintiff. (Id.) Plaintiff was then moved to a “safe cell” (Doc. No. 1 at 9), where his “naked body was given a turtle shell like vest to put on” (Doc. No. 5 at 2). A Lieutenant came to the ...


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