Cook v. McMinn County, Tennessee et al

Filing 40

ORDER: The Court hereby ACCEPTS and ADOPTS the magistrate judges findings of fact, conclusions of law, and recommendations. Accordingly, it is ORDERED that Plaintiffs motion to amend the first amended complaint 33 is GRANTED IN PART and DENIED IN PART. Signed by District Judge Curtis L Collier on 9/24/24. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
CHRISTOPHER LEE COOK, as
administrator ad litem for and next of kin of
RONNIE RAY COOK,
Plaintiff,
v.
MCMINN COUNTY, TENNESSEE, et al.,
Defendants.

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No. 1:22-cv-105
Judge Curtis L. Collier
Magistrate Judge Christopher H. Steger

ORDER
On July 19, 2024, Plaintiff, Christopher Lee Cook, filed a motion to amend his amended
complaint. (Doc. 33.) Defendants responded in opposition. (Doc. 38.) United States Magistrate
Judge Christopher H. Steger held a hearing on the motion on August 7, 2024 (Doc. 34), and filed
a report and recommendation (the “R&R”) (Doc. 39) on September 6, 2024, pursuant to 28 U.S.C.
§ 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure. Neither party has objected to the
R&R within the given fourteen days. See Fed. R. Civ. P. 72(b).
After reviewing the record, the Court agrees with the R&R. The Court hereby ACCEPTS
and ADOPTS the magistrate judge’s findings of fact, conclusions of law, and recommendations.
Accordingly, it is ORDERED that Plaintiff’s motion to amend the first amended complaint (Doc.
33) is GRANTED IN PART and DENIED IN PART.
Plaintiff’s motion to amend the first amended complaint (Doc. 33) is GRANTED IN
PART to the extent Plaintiff seeks to: (1) add a claim under Tennessee Code Annotated §§ 8-8301, et seq., alleging Defendant McMinn County, Tennessee, is liable for the intentional,

malicious, and/or reckless conduct of the officers and staff of the McMinn County Jail; (2) clarify
certain factual allegations to conform to evidence adduced during discovery (e.g., Mr. Cook’s
death was caused, in part, by a ruptured duodenum); and (3) clarify in Paragraph Ten of the first
amended complaint that he alleges the rules, regulations, policies, and procedures promulgated by
Defendant Sheriff Joe Guy were insufficient and that he failed to enact necessary and rules,
regulations, policies and procedures related to the provision of inmate health care, such that the
same reflects a pattern and practice of deliberate indifferent to inmates in the jail.
Plaintiff’s motion to amend the first amended complaint (Doc. 33) is DENIED IN PART
to the extent Plaintiff seeks to add as Defendants, in place of the “John/Jane Doe” defendants
named in the original complaint and first amended complaint, ten current and former Corrections
Officers (i.e., Brian Buckna, Dalton Moses, Shawn Amato, Shawn Penley, Tim Church, Lynette
Ruebush, Anthony Brown, Blake Ellison, Chris Geisler, and Jesse Bowling) employed by the
McMinn County Sheriff’s Office.

SO ORDERED.
ENTER:
/s/_________________________
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE