Welch v. Core Civic

Filing 4

MEMORANDUM OPINION OF THE COURT & ORDER Assessing Filing Fee for $350 John Welch. Upon return of the service packet, PROCESS SHALL ISSUE to the Defendant. The Plaintiff is forewarned that the failure to return the completed service packet with in the time required could jeopardize his prosecution of this action. 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 pretrial motions under 28 U.S.C. §§ 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b), Fed.R.Civ.P., and the Local Rules of Court. The Clerk is directed to send a copy of this Order to the Warden of the Metro Davidson County Detention Facility to ensure that the custodian of Plaintiff's inmate trust account complies with that portion of the Prison Litigation Reform Act relating to the payment of the filing fee. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12 /14/17. (xc:Pro se party by regular mail. ) (Pro se party sent (1) service packet by regular mail.) (Warden of MDCDF sent copy of the order by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JOHN WELCH,

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Plaintiff,
v.
CORE CIVIC,
Defendant.

NO. 3:17-cv-01516
CHIEF JUDGE CRENSHAW

MEMORANDUM OPINION AND ORDER

John Welch is an inmate at the Metro Davidson County Detention Facility in Nashville. He
has filed pro se a prisoner Complaint (Doc. No. 1) brought pursuant to 42 U.S.C. § 1983 and an
Application to proceed in forma pauperis (Doc. No. 2).
It appears from his Application that the Plaintiff lacks sufficient financial resources from
which to pay the fee required to file the Complaint. Accordingly, Plaintiff’s Application is
GRANTED. The Clerk shall file the Complaint in forma pauperis. 28 U.S.C. § 1915(a).
The Plaintiff is herewith ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C.
§ 1915(b)(1)(A) and (B), the custodian of the Plaintiff's inmate trust account at the institution where
he now resides is directed to submit to the Clerk of Court, as an initial partial payment, whichever
is greater of:
(a)

twenty percent (20%) of the average monthly deposits to the Plaintiff's inmate

trust account; or
(b)

twenty percent (20%) of the average monthly balance in the Plaintiff's inmate

trust account for the prior six (6) months.
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Thereafter, the custodian shall submit twenty percent (20%) of the Plaintiff's preceding
monthly income (or income credited to the Plaintiff's trust account for the preceding month), but only
when such monthly income exceeds ten dollars ($10.00), until the full filing fee of three hundred fifty
dollars ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk of Court. 28
U.S.C. § 1915(b)(2).
The Defendant, Core Civic, is a privately held corporation under contract with the
Metropolitan Government of Nashville and Davidson County to operate the Metro Davidson County
Detention Facility. In that capacity, the Defendant acts under color of state law and is subject to suit
under 42 U.S.C. § 1983. Street v. Corrections Corp. of America, 102 F.3d 810, 814 (6th Cir. 1996).
According to the Complaint, the Plaintiff suffers from bi-polar depression and seizures. (Doc.
No. 1 at 7.) On July 4, 2017, the Plaintiff experienced a seizure. During the seizure, he fell back and
hit his head hard on the floor. (Id at 5). The officer on duty (Porter) did not notice the Plaintiff seizing
and falling to the floor. (Id.) When he became aware of the Plaintiff’s need for medical assistance,
the officer sent him to the infirmary rather than calling for a medical emergency “as the policy
states.” (Id.) The Plaintiff alleges that the failure to call for a medical emergency placed his safety
at risk. (Id.)
The Plaintiff was twice refused medical attention for the fall. (Id.) The third time he reported
to the infirmary, though, the Plaintiff was seen by a nurse (Price). The nurse merely asked the
Plaintiff some questions about his condition, checked his blood pressure, and told him that he had not
suffered a seizure. (Id.) The Plaintiff was given some Ibuprofen and sent back to his cell. (Id.)
The Plaintiff notes two consecutive days that the medication he needed to control the bi-polar
depression and seizures was not available. (Id at 7.) When he continued to experience dizziness and

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blurred vision, the Plaintiff was examined by a nurse (Price). (Id.) During a subsequent examination
by Dr. Janet Usher, the Plaintiff was told that the seizure he experienced could have been caused by
him not receiving his medication. (Id.) Dr. Usher issued instructions for the Plaintiff to receive a
lower bunk assignment. He was forced, however, to sleep in a top bunk for over a month and a half
before the doctor’s instructions were carried out. (Id at 8.)
The Eighth Amendment imposes upon a county an obligation to provide its prisoners with
reasonably adequate food, clothing, shelter, sanitation, recreation and medical care. Grubbs v.
Bradley, 552 F.Supp. 1052, 1119-1124 (M.D. Tenn.1982). The failure to provide such necessities is
a violation of an inmate's right to be free from cruel and unusual punishment. Bellamy v. Bradley,
729 F.2d 416 (6th Cir.1984).
In an informal grievance (Doc. No. 1 at 10), the Plaintiff describes being told that he was not
getting his medication regularly because “they were understaffed, deal with it.” The Defendant’s
policies towards staffing and providing adequate medical care may have led to the Plaintiff suffering
from a seizure on at least one occasion. The Plaintiff has, therefore, stated a colorable claim for relief.
28 U.S.C. § 1915A.
Accordingly, the Clerk is instructed to send the Plaintiff a service packet (a blank summons
and USM 285 form) for the Defendant. The Plaintiff will complete the service packet and return it
to the Clerk’s Office within twenty one (21) days of the date of receipt of this order.
Upon return of the service packet, PROCESS SHALL ISSUE to the Defendant. The Plaintiff
is forewarned that the failure to return the completed service packet within the time required could
jeopardize his prosecution of this action. He is further forewarned that his prosecution of this action
will be jeopardized should he fail to keep the Clerk’s Office informed of his current address.

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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 pretrial motions under 28
U.S.C. §§ 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b),
Fed.R.Civ.P., and the Local Rules of Court.
The Clerk is directed to send a copy of this Order to the Warden of the Metro Davidson
County Detention Facility to ensure that the custodian of Plaintiff's inmate trust account complies
with that portion of the Prison Litigation Reform Act relating to the payment of the filing fee.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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