United States District Court, E.D. Tennessee, Knoxville
MEMORANDUM OPINION AND ORDER
RONNIE GREER UNITED STATES DISTRICT JUDGE.
the Court is a pro se prisoner's amended complaint for
violation of 42 U.S.C. 1983 [Doc. 10].
original complaint, Plaintiff alleged that correctional
officials and medical personnel at the Bledsoe County
Correctional Complex (“BCCX”) deliberately failed
to accommodate his disabilities when removing him from a
transport van on October 30, 2017, which caused him injuries
that the medical staff later failed to adequately treat [Doc.
22, 2019, the Court screened Plaintiff's complaint in
accordance with the Prison Litigation Reform Act and
determined that Plaintiff might be able to state a claim
against BCCX officers and medical staff, provided he could
identify the individual officers who denied him assistance
getting off of the transport van, and the personnel who later
denied him medical attention [See Doc. 6 at 2-3].
The Court ordered Plaintiff to file an amended complaint
identifying the allegedly responsible parties [Id.
at 3]. Plaintiff has now filed an amended complaint naming
prior BCCX Wardens Doug Cook and Darren Settles as
Defendants, along with various other John/Jane Doe Defendants
that Plaintiff has been unable to properly identify
[See Doc. 10 at 3].
claims that former BCCX wardens Darren Settles and Doug Cook
are responsible parties in this action, as they “wrote
and approved the protocols for employees to follow”
[Doc. 10 at 5]. However, there is nothing in Plaintiff's
original or amended complaint to suggest that his alleged
injuries occurred during the execution of some BCCX protocol.
Moreover, there is nothing in the complaint that would allow
the Court to infer that either of these Defendants were
personally involved in the events giving rise to this
lawsuit. Accordingly, Plaintiff cannot sustain his action
against Defendant Settles or Defendant Cook, and they will be
DISMISSED. See, e.g., Frazier v.
Michigan, 41 Fed.Appx. 762, 764 (6th Cir. 2002)
(providing that “a complaint must allege that the
defendants were personally involved in the alleged
deprivation of federal rights” to state a claim upon
which relief may be granted); Polk County v. Dodson,
454 U.S. 312, 325 (1981); see also 28 U.S.C.
§§ 1915(e)(2)(B) and 1915A (requiring district
court to sua sponte dismiss any claims that are
frivolous or malicious, fail to state a claim for relief, or
are against a defendant who is immune).
this determination leaves Plaintiff without an identified
Defendant from whom to seek discovery of identities of the
John and Jane Doe Defendants. After reviewing the information
requests attached to Plaintiff's amended complaint, the
Court is persuaded that Plaintiff will not be able to
identify the allegedly responsible parties absent limited
assistance from the Court. Therefore, the Court will
DIRECT the Clerk to send a copy of this
order to the current warden of BCCX, Warden Kenneth D.
Hutchison, who will be ORDERED to review all
logs, transport orders, incident reports, medical
documentation, and/or any other records created in response
to events involving Plaintiff on October 30, 2017 and
thereafter provide the Court with the names of all personnel
involved in Plaintiff's transport and/or medical care on
that date. Warden Hutchison should file this information with
the Court within thirty (30) days after entry of this order
or file notice as to why he could not comply with this order.
Upon receipt of Warden Hutchison's filing, the Clerk will
be DIRECTED to forward the information to
reasons set forth above:
1. Plaintiff's has failed to state a claim against
Defendants Darren Settles and Doug Cook, and they are
DISMISSED from this action;
2. The Clerk is DIRECTED to send a copy of
this order to the current warden of BCCX, Warden Kenneth D.
Hutchison. Further, Warden Hutchison is
ORDERED to review all logs, transport
orders, incident reports, medical documentation, and/or any
other records involving Plaintiff and thereafter provide the
Court with the names of all personnel involved in
Plaintiff's transport and/or medical care on October 30,
2017. Warden Hutchison is ORDERED to file
this information with the Court within thirty (30) days after
entry of this order or file notice as to why he could not
comply with the order;
3. Upon receipt of the information filed by Warden Hutchison,
the Clerk is DIRECTED to forward a copy of
the filing to Plaintiff; and
4. Plaintiff is ORDERED to immediately
inform the Court and Defendants or their counsel of record of
any address changes in writing. Pursuant to Local Rule 83.13,
it is the duty of a pro se party to promptly notify the Clerk
and the other parties to the proceedings of any change in his
or her address, to monitor the progress of the case, and to
prosecute or defend the action diligently. E.D. Tenn. L.R.
83.13. Failure to provide a correct ...