Greene v. P.T.S. of America et al

Filing 55

REPORT AND RECOMMENDATION re 32 MOTION for Default Judgment and 41 MOTION to Grant Judgment by Default. For the foregoing reasons, the undersigned recommends that a default judgment be entered against Defendant PTS of America, LLC, in the amount of $80,000. Signed by Magistrate Judge E. Clifton Knowles on 11/18/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

BYRON GREENE,
Plaintiff,
vs.

PTS OF AMERICA, LLC, et al.,
Defendants.

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CASE NO. 3:15-0145
JUDGE CAMPBELL/KNOWLES

REPORT AND RECOMMENDATION
Pursuant to the Court’s Order entered October 21, 2015 (Docket No. 51), the undersigned
held an Evidentiary Hearing with regard to Plaintiff’s damages against Defendant PTS of
America, LLC, on November 18, 2015. Plaintiff appeared and testified under oath. Defendant
made no appearance by attorney or otherwise.
Plaintiff testified as to the harsh conditions of his transport by Defendant PTS in this case.
He testified that other prisoners in the van had to urinate into cups, which spilled, making a foul
odor. After he complained, he was thrown into the transport van head first while shackled. His
face hit the wire mesh in the van, and two of his teeth were knocked out at that time. He later
lost five more teeth as a result of the incident. Plaintiff requested medical assistance, but was
told that he would have to wait until they reached their destination. Plaintiff was not in a
position to receive treatment, however, until two or three days later. He testified that he still has
trouble eating.
Plaintiff testified that he believed $80,000 would be an appropriate monetary

compensation amount against PTS under the circumstances, and the Court agrees.
For the foregoing reasons, the undersigned recommends that a default judgment be
entered against Defendant PTS of America, LLC, in the amount of $80,000.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service of this Report and Recommendation in which to file any written objections to
this Recommendation with the District Court. Any party opposing said objections shall have
fourteen (14) days after service of any objections filed to this Report in which to file any
response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985),
reh’g denied, 474 U.S. 1111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

E. Clifton Knowles
United States Magistrate Judge

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