United States District Court, M.D. Tennessee, Nashville Division
GREGORY A. DENNIS, Plaintiff,
SHERIFF FRANKIE GRAY, et al., Defendants.
MEMORANDUM AND ORDER
WILLIAM L. CAMPBELL, JR., UNITED STATES DISTRICT JUDGE
Dennis, a resident of Dover, Tennessee, and former inmate at
the Stewart County Detention Center, filed this pro se civil
rights action under 42 U.S.C.§ 1983 against Sheriff
Frankie Gray, Jail Administrator Kenny Anderson, Sergeant
Scallion, Lieutenant Taylor, Officer Webster, and Deputy
Jacob Etherton. (Doc. No. 1). Plaintiff also filed an
application to proceed in this Court without prepaying fees
or costs (Doc. No. 8) and a motion for medical records (Doc.
APPLICATION TO PROCEED AS A PAUPER
Court may authorize a person to file a civil suit without
prepaying the filing fee. 28 U.S.C. § 1915(a). It
appears from Plaintiff's in forma pauperis application
that he cannot afford to pay the $400.00 filing fee in
advance. Accordingly, his application (Doc. No. 8) is
Court must review and dismiss any action filed in forma
pauperis 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. § 1915(e)(2).
The Court must 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)).
morning of July 19, 2019, Plaintiff alleges, he was sitting
at a table in the pod when there was an incident with another
inmate who was Plaintiff's nephew. (Doc. No. 1 at 4).
Plaintiff's nephew was upset because someone told him
that his “wife was out at some point with another
man.” (Id.). Plaintiff stated the he
“was not trying to be part of the problems . . .
between his wife and him.” (Id. at 4-5).
Plaintiff alleges that a fight ensued, although he does not
describe the fight in any detail. (Id. at 5).
Plaintiff allegedly suffered a cut on the side of his head
and lost some of his teeth, and he was not taken to the
alleges that this altercation was video recorded, and that
the recording was released to the public and on Facebook.
(Id. at 3-5). Plaintiff alleges that the video
started going “viral” and “a lot” of
people watched it, although the total number of viewers is
“unknown.” (Id. at 5). According to
Plaintiff, his family called the Sheriff after the video was
released, and the Sheriff said he “don't care if
[Plaintiff] hire[s] 10 lawyers its not going to help.”
(Id. at 6).
Standard of Review
determine whether a complaint “fails to state a claim
on which relief may be granted” under 28 U.S.C. §
1915(e)(2)(B), the Court applies the same standard as under
Rule 12(b)(6) of the Federal Rules of Civil Procedure.
Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir.
2010). The Court therefore accepts “all well-pleaded
allegations in the complaint as true, [and]
‘consider[s] the factual allegations in [the] complaint
to determine if they plausibly suggest an entitlement to
relief.'” Williams v. Curtin, 631 F.3d
380, 383 (6th Cir. 2011) (quoting Ashcroft v. Iqbal,
556 U.S. 662, 681 (2009)). An assumption of truth does not
extend to allegations that consist of legal conclusions or
“‘naked assertion[s]' devoid of
‘further factual enhancement.'”
Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 557 (2007)). A pro se pleading
must be liberally construed and “held to less stringent
standards than formal pleadings drafted by lawyers.”
Erickson, 551 U.S. at 94 (citing Estelle v.
Gamble, 429 U.S. 97, 106 (1976)).
prevail on a cause of action under § 1983, a plaintiff
must prove ‘(1) the deprivation of a right secured by
the Constitution or laws of the United States (2) caused by a
person acting under the color of state law.'”
Winkler v. Madison Cty., 893 F.3d 877, 890 (6th Cir.
2018) (quoting Shadrick v. Hopkins Cty., 805 F.3d
724, 736 (6th Cir. 2015)).
Dismissal of ...