Bassham v. Hodge et al

Filing 152

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has before it a Motion to Dismiss (Docket Entry No. 65 ) filed by the defendants Reuben Hodge, Gayle Ray, Donna White, Lester Lewis and Carolyn Jordan, a Report and Recommendation (Docket Entry No . 124 ) from the Magistrate Judge in which she urges the Court to grant the defendants Motion to Dismiss, and the plaintiff's timely objections (Docket Entry No. 138 ) to the Report and Recommendation. The Court has reviewed these pleadings an d the record de novo and finds that the plaintiff's objections lack merit. Therefore, the plaintiff's objections are OVERRULED. The Report and Recommendation is ADOPTED AND APPROVED in all respects. Signed by District Judge Aleta A. Trauger on 10/27/2011. (xc:Pro se party by regular and certified mail.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION

JAMES EDWARD BASSHAM
Plaintiff,

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v.
REUBEN HODGE, et al.
Defendants.

No. 1:11-0013
Judge Trauger

O R D E R
The Court has before it a Motion to Dismiss (Docket Entry No.
65) filed by the defendants Reuben Hodge, Gayle Ray, Donna White,
Lester Lewis and Carolyn Jordan, a Report and Recommendation
(Docket Entry No.124) from the Magistrate Judge in which she urges
the Court to grant the defendants’ Motion to Dismiss, and the
plaintiff’s timely objections (Docket Entry No.138) to the Report
and Recommendation.
The plaintiff’s claims arose from his confinement at the South
Central

Correctional

Center.

More

specifically,

the

plaintiff

claims that he was denied adequate medical care for an injured knee
and that his grievances complaining about the lack of medical care
were not properly addressed by the defendants.
The Magistrate Judge correctly concluded that the plaintiff
could not sue these defendants in their official capacities because
they are state employees and, as such, are shielded by the Eleventh

Amendment. Kentucky v. Graham, 473 U.S. 159,169 (1985). Likewise,
these defendants are not individually liable. Gayle Ray, Donna
White and Lester Lewis can not be held liable in a § 1983 action
based on a respondeat superior theory of liability. Phillips v.
Roane County, 534 F.3d 531, 543 (6th Cir.2008). Nor can Reuben Hodge
be held liable for simply failing to follow grievance procedures,
Black v. Parke, 4 F.3d 442,448 (6th Cir.1993), or Carolyn Jordan for
approving of the plaintiff’s transfer to his present place of
confinement.
The Magistrate Judge, however, went beyond the Motion to
Dismiss

and

has

recommended

that

the

claims

against

Cherry

Lindamood, Chastity Carper and Jessica Garrett also be dismissed.
The only claim against these defendants is that they failed to
follow grievance procedures. As noted above, such conduct, even if
true, does not rise to the level of a constitutional violation.
The Court has reviewed these pleadings and the record de novo
and finds that the plaintiff’s objections lack merit. Therefore,
the

plaintiff’s

objections

are

OVERRULED.

The

Report

and

Recommendation is ADOPTED AND APPROVED in all respects.
It is so ORDERED.

____________________________
Aleta A. Trauger
United States District Judge