Garrett v. Stephens

Filing 3

MEMORANDUM OF THE COURT signed by District Judge Kevin H. Sharp on 4/23/2013. (xc:Pro se party by regular and certified mail.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

CHARLES M. GARRETT
Plaintiff,

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v.
NURSE STEPHENS, et al.
Defendants.

No. 3:13-0354
Judge Sharp

M E M O R A N D U M
The

plaintiff,

proceeding

pro

se,

is

an

inmate

at

the

Montgomery County Jail in Clarksville, Tennessee. He brings this
action pursuant to 42 U.S.C. § 1983 against Nurse Stephens and Lt.
Teemer, members of the staff at the Jail, seeking injunctive relief
and damages.
According to the complaint, two specialists have recommended
knee surgery for the plaintiff. The plaintiff complains that the
defendants have thus far ignored this serious medical need. In
addition, he alleges that his knee brace was taken from him and
that he was transferred to a cell where he has to climb a ladder in
order to get into his bunk. Finally, the plaintiff claims that he
was forced to pay for a Zocor pill for high cholesterol, even
though he does not suffer from that malady.
This action is being brought against the defendants in their
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official capacities only. Because the plaintiff in an official
capacity action seeks damages not from the individually named
defendant but from the entity for which the defendant is an agent,
Pusey v. City of Youngstown, 11 F.3d 652,657 (6th Cir.1993), “an
official capacity suit is, in all respects other than name, to be
treated as a suit against the entity.” Kentucky v. Graham, 473 U.S.
159,166 (1985). In essence, then, the plaintiff’s claims are
against Montgomery County, the municipal entity that operates the
Montgomery County Jail. Hafer v. Melo, 502 U.S. 21,25 (1991).
A claim of governmental liability requires a showing that the
misconduct

complained

of

came

about

pursuant

to

a

policy,

statement, regulation, decision or custom promulgated by Montgomery
County or its agent, the Montgomery County Sheriff’s Department.
Monell v. New York City Department of Social Services, 98 S.Ct.
2018 (1978). In short, for Montgomery County to be liable under §
1983, there must be a direct causal link between an official policy
or custom and the alleged constitutional violation. City of Canton
v. Harris, 109 S.Ct. 1197 (1989).
The plaintiff has offered nothing to suggest that his rights
were violated pursuant to a policy or regulation of Montgomery
County. Consequently, the plaintiff has failed to state a claim
against the defendants acting in their official capacities.
In the absence of an actionable claim, the Court is obliged to
dismiss the complaint sua sponte. 28 U.S.C. § 1915(e)(2).
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An appropriate order will be entered.

____________________________
Kevin H. Sharp
United States District Judge

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