Shabazz v. Schofield et al

Filing 669

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Defendants' motion for summary judgment (Doc. No. 616 ) is GRANTED IN PART with regard to Plaintiff's claims against Wanda Chafin, Sue Clark, Georgia Crowell, Sherry Freeman, Julie Holtkamp, De rrick Shofield, Jerry Lester, David Sexton, Jim Thrasher, Dan Walker, Rita Edwards, Laura Pierceall, David Jenkins, Harold Angel, Todd Wiggins, Tony Howerton, Connie Church, Jerry Gentry, and Rebecca Gouge. Those defendants are DISMISSED WITH PREJ UDICE. Defendants motion is DENIED IN PART with regard to Plaintiffs claims against Angela Combs, James Lundy, Clifford Tressler, Charles Short, Chris Davis, Misty Gregg, Ruby Anderson, Connie Church, Jerry Gentry, and Rebecca Gouge. Further Defen dants' motion for summary judgment is DENIED IN PART regarding the statute of limitations and mootness defenses. Plaintiff's claims regarding the Eighth Amendment failure to treat his Hepatitis C, excessive force claims arising on Septem ber 26, 2012, claims of failure to intervene, and claims of retaliation shall proceed to trial. Defendant Paige Reburn is DISMISSED WITH PREJUDICE because she has deceased. Signed by District Judge Waverly D. Crenshaw, Jr on 8/25/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
OMOWALE ASHANTI
SHABAZZ,
Plaintiff,
v.
DERRICK SCHOFIELD, et al.,

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NO. 3:13-cv-00091
JUDGE CRENSHAW

Defendants.
MEMORANDUM AND ORDER
Pending before the Court is a Reports and Recommendation (“R&R”) of the Magistrate
Judge. (Doc. No. 661.) The State Defendants have filed timely objections. (Doc. No. 665.) The
Court has reviewed the R&R, the objections, and conducted a de novo review of the record. For
the following reasons, the R&R is ADOPTED.
Defendants first contend that the excessive force claim cannot succeed because any injury
was only de minimis. (Doc. No. 665 at 2 and 4.) However, a “significant injury is [not] a threshold
requirement for stating an excessive force claim.” Wilkins v. Gaddy, 559 U.S. 34, 36 (2010).
Instead, the “core judicial inquiry” is “whether force was applied in a good-faith effort to maintain
or restore discipline, or maliciously and sadistically to cause harm.” Id. (quoting Hudson v.
McMillian, 503 U.S. 1, 7 (1992)). A reasonable jury could find that Plaintiff could not comply
with the officer’s order to kneel down because he required a cane to walk and that Tressler acted
maliciously to cause harm by performing a take down on Plaintiff. This objection is overruled.
Defendants next object that Plaintiff is not credible and his story is implausible. (Doc. No.
665 at 3.) The Court is not hearing testimony or making credibility determinations on a motion for

summary judgment. Instead, the Court only determines whether there is a material fact in dispute.
FED. R. CIV. P. 56. The Court overrules this objection.
Next, Defendants argue that the Court should grant summary judgment on Plaintiff’s
deliberate indifference claim against Defendant Angela Combs. (Doc. No. 665 at 4.) The
Magistrate Judge appropriately addressed this objection in the R&R (Doc. No. 661 at 10), and this
objection is overruled.
Defendants next argue that Plaintiff cannot identify the correctional officer who committed
the excessive force. (Doc. No. 665 at 8.) Plaintiff identified Tressler as the officer who committed
the excessive use of force. The fact that he previously identified James Lundy as the officer and
then changed his story is a fact regarding the credibility determination best left for the jury. This
objection is overruled.
Defendants’ last objections are regarding the First Amendment retaliation claim. (Doc. No.
665 at 14-19.) The Magistrate Judge appropriately addressed these arguments in the R&R (Doc.
No. 661 at 21-23), and the Court overrules Defendants’ objections for those reasons.
Accordingly, Defendants’ motion for summary judgment (Doc. No. 616) is GRANTED
IN PART with regard to Plaintiff’s claims against Wanda Chafin, Sue Clark, Georgia Crowell,
Sherry Freeman, Julie Holtkamp, Derrick Shofield, Jerry Lester, David Sexton, Jim Thrasher, Dan
Walker, Rita Edwards, Laura Pierceall, David Jenkins, Harold Angel, Todd Wiggins, Tony
Howerton, Connie Church, Jerry Gentry, and Rebecca Gouge. Those defendants are DISMISSED
WITH PREJUDICE. Defendants’ motion is DENIED IN PART with regard to Plaintiff’s claims
against Angela Combs, James Lundy, Clifford Tressler, Charles Short, Chris Davis, Misty Gregg,
Ruby Anderson, Connie Church, Jerry Gentry, and Rebecca Gouge. Further Defendants’ motion
for summary judgment is DENIED IN PART regarding the statute of limitations and mootness

defenses. Plaintiff’s claims regarding the Eighth Amendment failure to treat his Hepatitis C,
excessive force claims arising on September 26, 2012, claims of failure to intervene, and claims
of retaliation shall proceed to trial. Defendant Paige Reburn is DISMISSED WITH PREJUDICE
because she has deceased.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
UNITED STATES DISTRICT JUDGE