Harris v. Hardeman County Sheriff Dept et al

Filing 7

ORDER DENYING PLAINTIFFS OBJECTION, ORDER ADOPTING REPORT AND RECOMMENDATION 5 , ORDER OF PARTIAL DISMISSAL AND ORDER TO ISSUE AND SERVE PROCESS ON THE REMAINING DEFENDANTS. Signed by Judge James D. Todd on 10/22/13. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
MARTHA J. HARRIS,
Plaintiff,

VS.

HARDEMAN COUNTY, ET AL.,
Defendants.

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No. 13-1100-JDT-egb

ORDER DENYING PLAINTIFF’S OBJECTION
ORDER ADOPTING REPORT AND RECOMMENDATION
ORDER OF PARTIAL DISMISSAL
AND
ORDER TO ISSUE AND SERVE PROCESS ON THE REMAINING DEFENDANTS

Plaintiff Martha J. Harris, a resident of Grand Junction, Tennessee, filed a pro se civil
complaint on March 25, 2013, along with a motion for leave to proceed in forma pauperis.
(Docket Entries 1 & 2.) The Court subsequently granted leave to proceed in forma pauperis.
(D.E. 3.) The Clerk shall record the Defendants as Hardeman County, Tennessee,1 Sheriff
Doolen; Deputy Daniel Sparks; Deputy Roger Sturgers; Chief Deputy Mike Kennamore;
Chief Administrator Billy Davis; Captain Brown; Deputy Patrick Perry; Jailer Gina Pittman;2

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The claims against the Hardeman County Sheriff’s Department and the Hardeman County Jail are also
properly construed as claims against Hardeman County.
2

Pittman’s first name is spelled variously in the complaint as “Jinna” (D.E. 1 at 1), “Gena” (id. at 2), and
“Gina” (id. at 5).

Deputy Randall Grantham; Judge Carey; Deputy Hunt; Nurse Haley;3 pod officer Courtney;
pod officer Scott Kelly; and Probation Officer Joyce Phillips.
The case was referred to U.S. Magistrate Judge Edward G. Bryant on March 27, 2013,
for case management and handling of all pretrial matters by determination or by report and
recommendation, as appropriate. (D.E. 4.) On October 9, 2013, Magistrate Judge Bryant
issued a Report and Recommendation (“R&R”) in which he recommended that portions of
the complaint be dismissed sua sponte pursuant to 28 U.S.C. § 1915(e)(2)(B) and that the
three remaining Defendants be served with process. (D.E. 5.) Plaintiff filed a timely
objection to the R&R on October 17, 2013. (D.E. 6.)
Plaintiff’s complaint concerns various incidents, most of which occurred during, or
are related to, several different arrests and periods of incarceration in the Hardeman County
Jail. The Magistrate Judge has recommended dismissal of the complaint, with three
exceptions. Those exceptions are: (1) the claim that Defendant Sturgers subjected Plaintiff
to excessive force while arresting her on or about November 13, 2012, by tasering her once
even though she did not try to run and then tasering her again once she was on the ground,
allegedly causing her to miscarry (D.E. 1 at 5); (2) the claim that Defendant Haley refused
to give Plaintiff her medication, which was prescribed for depression (id. at 9);4 and (3) the
claim that Defendant Perry subjected Plaintiff to excessive force, apparently in December

3

As this Defendant is female (D.E. 1 at 9), it is unclear whether “Haley” is her first name or her last name.

4

Although the complaint is not entirely clear, the alleged failure to give Plaintiff her medication seems to
have occurred while she was incarcerated from December 2012 to January 2013. (Id. at 8-9.)

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of 2012, by hitting her in the breast so hard that she fell back into a chair, merely because she
stood up (id.).
The objection to the R&R filed by Plaintiff is general, asserting that all of her claims
have merit and that none should be dismissed. However, after considering the complaint and
the law, the Court DENIES the objection. Nothing in that document demonstrates that the
Magistrate Judge’s conclusions are erroneous and should not be adopted. Therefore, the
Court finds that a more detailed written opinion is unnecessary and hereby ADOPTS the
R&R. Accordingly, except for the excessive force claims against Defendants Sturgers and
Perry and the claim against Defendant Haley for failure to give Plaintiff her prescription
medication,

the

complaint

is

hereby

DISMISSED

pursuant

to

28

U.S.C.

§ 1915(e)(2)(B)(ii)-(iii).
It is ORDERED that the Clerk shall issue process for Defendants Sturgers, Haley, and
Perry and deliver that process to the U.S. Marshal for service. Service shall be made on the
Defendants pursuant to Federal Rule of Civil Procedure 4(e) and Tennessee Rules of Civil
Procedure 4.04(1) and (10), either by mail or personally if mail service is not effective. All
costs of service shall be advanced by the United States.
It is further ORDERED that Plaintiff shall serve a copy of every subsequent document
she files in this cause on the attorneys for Defendants Sturgers, Haley, and Perry and on any
unrepresented Defendant. Plaintiff shall make a certificate of service on every document

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filed. Plaintiff shall familiarize herself with the Federal Rules of Civil Procedure and this
Court’s Local Rules.5
Plaintiff shall promptly notify the Clerk, in writing, of any change of address or
extended absence. Failure to comply with these requirements, or any other order of the
Court, may result in the dismissal of this case without further notice.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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A free copy of the Local Rules may be obtained from the Clerk. The Local Rules are also available on the
Court’s website at www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf.

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