Harlan v. Bolton et al

Filing 5

ORDER granting 2 APPLICATION for Leave to Proceed In Forma Pauperis. For the reasons explained more fully in the Memorandum entered contemporaneously herewith, the Court finds that the complaint fails to state a claim upon which relief can b e granted as to the Mt. Pleasant Police Department. That claim is hereby DISMISSED WITH PREJUDICE. The Clerk is instructed to send the Plaintiff a service packet (a blank summons and USM 285 form) for the remaining Defendants. The Plaintiff will c omplete the service packets and return them to the Clerk's Office within twenty-one (21) days of the date of receipt of this Order. Upon return of the service packets, PROCESS SHALL ISSUE to the remaining Defendants. This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case. Signed by District Judge Waverly D. Crenshaw, Jr on 4/17/2017. (xc:Pro se party by regular mail with service packet for 7 defendants and order only by certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
JUSTIN RASHAD HARLAN,
Plaintiff,
v.
NATHAN BOLTON, et al.,
Defendants.

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No. 1:17-cv-00028
JUDGE CRENSHAW

ORDER
Justin Rashad Harlan, a resident of Mt. Pleasant, Tennessee, brings this pro se action
against Nathan Bolton; Mt. Pleasant Police Department; City of Mt. Pleasant, Tennessee; Leigh
Anne Pickup; Stephen Barr; Amit Choksi; Bradley Rodgers; and Maury Regional Medical Center,
alleging violations of his civil rights.

(Doc. No. 1).

Harlan also submitted an application to proceed in forma pauperis. (Doc. No. 2).

It

appears from the application that the Plaintiff lacks sufficient financial resources from which to
pay the civil filing fee. Accordingly, the Plaintiff=s application to proceed in forma pauperis is
GRANTED. 28 U.S.C. ' 1915(a).
Because the Plaintiff is proceeding in forma pauperis in this case, the Court is required to
screen the complaint pursuant to 28 U.S.C. ' 1915(e)(2).

For the reasons explained more fully

in the Memorandum entered contemporaneously herewith, the Court finds that the complaint fails
to state a claim upon which relief can be granted as to the Mt. Pleasant Police Department. That
claim is hereby DISMISSED WITH PREJUDICE.

28 U.S.C. ' 1915(e)(2).

However, as to the Plaintiff=s claims against the City of Mt. Pleasant and all other remaining
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Defendants, the Court finds that the complaint states actionable Fourth Amendment claims
pursuant to 42 U.S.C. ' 1983 regarding whether the forced rectal search of Plaintiff, the digital
imaging of the Plaintiff, and the endoscopy performed on the Plaintiff under anesthesia were
reasonable and necessary actions to prevent contraband from entering the Maury County Jail under
the facts of this case.

These claims survive the required screening and shall proceed for further

development of the record.
Consequently, the Clerk is instructed to send the Plaintiff a service packet (a blank
summons and USM 285 form) for the remaining Defendants. The Plaintiff will complete the
service packets and return them to the Clerk=s Office within twenty-one (21) days of the date of
receipt of this Order. Upon return of the service packets, PROCESS SHALL ISSUE to the
remaining Defendants. The Plaintiff is forewarned that the failure to return the completed service
packets within the time required could jeopardize his prosecution of this action.
Pursuant to 28 U.S.C. '' 636(b)(1)(A) and (B), this action is REFERRED to the
Magistrate Judge to enter a scheduling order for the management of the case, to dispose or
recommend disposition of any pre-trial, non-dispositive motions, to issue a Report and
Recommendation on all dispositive motions, and to conduct further proceedings, if necessary,
under Rule 72(b), Fed. R. Civ. P., and the Local Rules of Court.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
UNITED STATES DISTRICT JUDGE

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