Cooper v. White et al (TVV)

Filing 48

MEMORANDUM AND ORDER denying as moot 31 Motion for Discovery; denying 46 Motion to subpoena medical records ; denying as moot 12 Motion to Dismiss for Failure to State a Claim; denying as moot 14 Motion to Dismiss for Fa ilure to State a Claim; granting 20 Motion to Amend/Correct; granting 24 Motion to Dismiss; granting 26 Motion for Joinder. Signed by Chief District Judge Thomas A Varlan on 3/18/2013. (Copy of order and service packet mailed to plaintiff) (KMK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RALPH BYRD COOPER, JR.,

)
)
Plaintiff,
)
)
v.
) No.: 3:12-cv-76
)
(VARLAN/SHIRLEY)
PAUL WHITE, AVERY JOHNSON,
)
CHARLES TOWNSEND, and
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ADVANCED CORRECTIONAL HEALTH CARE, )
)
Defendants.
)

MEMORANDUM AND ORDER
This is a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983. The matter
is before the Court on various dispositive and non-dispositive motions filed by the parties. For
the following reasons, plaintiff's motion to amend the complaint [Doc. 20], to the extent
plaintiff seeks to amend his complaint to expand and clarify his claims against the defendants
and to state a claim against Anderson County, Tennessee, under the Americans with
Disabilities Act, is GRANTED. The Clerk is DIRECTED to file the amended complaint and
to send the plaintiff a service packet for Anderson County, Tennessee, which plaintiff should
complete and return to the Clerk's Office within twenty (20) days of the date of receipt of this
Memorandum and Order. The motions to dismiss filed by defendants Townsend [Doc. 12]
and defendant Advanced Correctional Health Care [Doc. 14] are DENIED as MOOT. The
motion to dismiss filed by defendants Johnson and White [Doc. 24] is GRANTED as set forth
herein. Defendant Townsend's motion for joinder [Doc. 26] is GRANTED. The claims

against defendants Johnson, White, and Townsend in their individual capacities under the
Americans with Disabilities Act are DISMISSED. The motion for discovery filed by
defendants White and Johnson [Doc. 31] is DENIED as MOOT. Plaintiff's motion to
subpoena medical records [Doc. 46] is DENIED.
Plaintiff is in the custody of the Tennessee Department of Correction. Briefly stated,
his complaint concerns an alleged denial of medical care that occurred during his confinement
in the Anderson County Detention Facility. The defendants are Anderson County Sheriff Paul
White, Chief Avery Johnson, Dr. Charles Townsend, and Advanced Correctional Health Care.
After plaintiff filed his original complaint, defendants Townsend and Advanced
Correctional Health Care each filed a motion to dismiss for failure to state a claim. Plaintiff
then filed his motion to amend his complaint, along with a proposed amended complaint,
which for good cause shown is GRANTED.

Defendants Townsend and Advanced

Correctional Health Care then each filed a motion to dismiss the proposed amended
complaint. The motions to dismiss the original complaint filed by defendants Townsend and
Advanced Correctional Health Care are DENIED as MOOT.
After plaintiff filed his motion to amend his complaint, defendants Johnson and White
filed a motion to dismiss the claims against them in their individual capacities under the
Americans with Disabilities Act. Defendant Townsend filed a motion for joinder, in which
he seeks to join in the motion to dismiss filed by defendants Johnson and White. The motion
for joinder is GRANTED. The motion to dismiss is well-taken and is GRANTED. See
Everson v. Leis, 556 F.3d 484, 501 n.7 (6th Cir. 2009) ("Under the case law of this circuit and
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our sister circuits, the proper defendant under a Title II claim is the public entity or an official
acting in his official capacity.... Title II of the ADA does not, however, provide for suit
against a public official acting in his individual capacity.") (internal citations omitted). The
claims against defendants Johnson, White, and Townsend in their individual capacities under
the Americans with Disabilities Act are DISMISSED.
Defendants Johnson and White have filed a motion for discovery, in which they seek
leave to submit discovery requests without waiting for the discovery conference required by
Rule 26(f) of the Federal Rules of Civil Procedure. The defendants contend that such a
meeting would be unduly burdensome because plaintiff is incarcerated. Actions brought by
a pro se prisoner are exempt from the requirement for a discovery conference. Fed. R. Civ.
P. 26(a)(1)(B)(iv) & (f)(1). Accordingly, the motion for discovery is DENIED as MOOT.
Plaintiff moves the Court to issue a subpoena for his medical records that are in the
possession of the Northeast Correctional Complex, the institution where he is incarcerated.
Plaintiff states the basis for the motion is that defendants Townsend and Advanced
Correctional Health Care have asked for the records in their request for discovery, and that
plaintiff has requested the records but been unable to obtain them. The motion is DENIED.
If the defendants seek production of plaintiff's medical records, the parties should proceed on
the basis of plaintiff's signed consent to the release of copies of his medical records.
ENTER:

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
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