United States District Court, M.D. Tennessee, Columbia Division
WILLIAM L. CAMPBELL UNITED STATES DISTRICT JUDGE.
Martrell Holloway, an inmate at Turney Center Industrial
Complex, filed this pro se civil rights action under 42
U.S.C. § 1983 against Warden Kevin Genovese, Assistant
Warden Clinton Denning, FM Sylvan, Turney Center Maintenance,
and Medical Director Roy Germano. (Doc. No. 1 at 2-3, 12).
Plaintiff also filed an application to proceed in this Court
without prepaying fees and costs (Doc. No. 2) and a motion to
appoint counsel (Doc. No. 7).
APPLICATION TO PROCEED AS A PAUPER
Court may authorize a prisoner to file a civil suit without
prepaying the filing fee. 28 U.S.C. § 1915(a). The
inmate trust account statement attached to Plaintiff's in
forma pauperis application reflects that he cannot pay the
full filing fee in advance. (Doc. No. 2 at 3-7). Accordingly,
Plaintiff's application (Doc. No. 2) will be granted, and
the $350.00 filing fee will be assessed as directed in the
accompanying Order. 28 U.S.C. § 1915(b)(1).
the screening requirements of the Prison Litigation Reform
Act (“PLRA”), the Court must 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 from an immune defendant. 28 U.S.C. § 1915A. 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)).
submitted a complaint (Doc. No. 1) and supplemental letter
(Doc. No. 6). The Court has considered these filings together
and established the following summary of allegations for the
purpose of conducting an initial review.
Light Fixture Incident
cell was in the Turney Center Annex. (Doc. No. 1 at 13). In
early June 2019, Plaintiff told Sergeant Brady that the
ceiling in his cell leaked when it rained. (Id.). On
the morning of July 6, 2019, Plaintiff alleges that a light
fixture fell on his leg due to the unrepaired leak.
(Id.). In a statement attached to the complaint,
Plaintiff also alleges that this light fixture was
“improperly installed.” (Id. at 21).
According to Plaintiff, no one has been “held
accountable” for this incident, and Warden Genovese
hired an outside contractor named FM Sylvan. (Id.).
result of this incident, Plaintiff suffered
“severe” pain in his right knee and lower back.
(Id. at 5, 13). He told several officers about his
injuries, and they carried him to the operations office to be
seen by nurses. (Id. at 13-14). The nurses told
Plaintiff he needed to go to the main compound clinic.
(Id. at 13). The officers picked Plaintiff up and
put him “in the passenger seat of a ‘gater'
with no straps or seat belts.” (Id. at 14).
This caused Plaintiff more back pain. (Id.). At the
clinic, someone “started bending [Plaintiff's]
knees, ” told Plaintiff he was fine, and sent him back
to the Annex. (Id.). The officers took Plaintiff
back to the operations office, and Assistant Warden Clinton
Denning told everyone to leave except for Plaintiff.
(Id.). Denning tried to bribe Plaintiff to
“forget about the whole ordeal, ” but Plaintiff
laughed and then Denning left. (Id.).
7, 2019, Plaintiff put in a sick call request, and he was
seen by medical staff the next day. (Id.). Plaintiff
was given a pair of crutches for one week, an elastic
bandage, and some Tylenol. (Id.). On July 9,
Plaintiff underwent an x-ray. (Id.). On July 14,
Plaintiff submitted another sick call request, and he was
seen the next day. (Id. at 15). Medical staff
allowed him to keep one crutch for another week.
(Id.). On July 16, Plaintiff put in a third sick
call request because the medical staff had not done
“anything for [his] pain.” (Id.). The
next day, a doctor ran tests and diagnosed Plaintiff with a
bruised nerve in his lower back, as well as a “hurt
knee.” (Id.). The doctor prescribed a muscle
relaxer, to be taken twice daily. (Id.). The doctor
also restricted Plaintiff from participating in physical
activities and sleeping on a top bunk. (Id.).
alleges that he filed grievances on July 8 and 15, 2019, but
they were not answered. (Id. at 16). According to
Plaintiff, prison administrators ignore the Tennessee
Department of Correction (“TDOC”) grievance
policy. (Id.). Indeed, Plaintiff alleges that Turney
Center staff members laugh at inmates who mention filing a
grievance, because staff “know[s] it won't see the
ligh[t] of day.” (Id. at 17). Finally,
Plaintiff also alleges that, due to “overwhelming
nepotism, ” there is an “epidemic of atrocities
being inflicted upon Black inmates [at Turney Center] that
are beyond mindboggling.” (Id. (internal
quotation marks omitted)).