Jenkins v. Hardeman County et al
Filing
25
ORDER granting in part and denying in part 13 Motion to Dismiss; denying 13 Motion for More Definite Statement. Signed by Chief Judge J. Daniel Breen on 10.10.13. (Breen, J.)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
NELSON JENKINS,
Plaintiff,
v.
No. 13-2054
HARDEMAN COUNTY, TENNESSEE,
et al.,
Defendants.
_____________________________________________________________________________
ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANTS' MOTION TO DISMISS, AND DENYING MOTION FOR A MORE
DEFINITE STATEMENT
_____________________________________________________________________________
INTRODUCTION
On January 29, 2013, the Plaintiff, Nelson Jenkins, brought this action against the
Defendants, Hardeman County, Tennessee (the "County"); the Hardeman County Sheriff's
Department; Sheriff John Doolen, in his individual and official capacities; Captain Leonard Brown,
in his individual and official capacities; Lieutenant Chris McKinney, in his individual and official
capacities; and John Does One through Five, alleging violations of the Eighth and Fourteenth
Amendments to the United States Constitution pursuant to 42 U.S.C. § 1983, violation of the
Tennessee Constitution, and negligence and negligent supervision and training under Tennessee
state law. Before the Court is the motion of the named Defendants to dismiss the complaint under
Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, for a more definite
statement pursuant to Fed. R. Civ. P. 12(e).
STANDARD OF REVIEW
Fed. R. Civ. P. 8(a)(2) requires that a complaint contain a "short and plain statement of the
claim showing that the pleader is entitled to relief." It must "provide fair notice to the defendant of
what the claim is and the grounds upon which it rests." Sykes v. United States, 507 F. App'x 455,
457 (6th Cir. 2012). To survive a motion to dismiss under Rule 12(b)(6), "the complaint must
contain sufficient facts to state a claim to relief that is plausible on its face." Morris Aviation, LLC
v. Diamond Aircraft Indus., Inc., ___ F. App'x ___, 2013 WL 4564740, at *3 (6th Cir. Aug. 29,
2013) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 167 L. Ed. 2d 929
(2007)) (internal quotation marks omitted). "[T]he district court must construe the complaint in the
light most favorable to the plaintiff and must accept all the factual allegations contained in the
complaint as true." Paige v. Coyner, 614 F.3d 273, 277 (6th Cir. 2010) (citing Lambert v. Hartman,
517 F.3d 433, 439 (6th Cir. 2008)). The complaint need not have detailed factual allegations, but
must "contain more than conclusions and an unsubstantiated recitation of the necessary elements of
a claim." McCormick v. Miami Univ., 693 F.3d 654, 658 (6th Cir. 2012), reh'g & reh'g en banc
denied (Oct. 18, 2012).
FACTS ALLEGED
Jenkins claims that, on or about May 15, 2011, he began serving a sentence at the Hardeman
County jail for a probation violation and remained there until his release in February 2013. (D.E.
1 ¶¶ 3, 10.) Prior to his incarceration, he had been diagnosed with pancreatitis and was receiving
regular medical treatment that properly controlled his condition. (Id. ¶ 11.) After he arrived at the
jail, he completed a medical history form and advised jail officials of his ailment. (Id. ¶ 12.) While
in the Defendants' custody, he repeatedly complained of bodily pain and of his need to be seen by
a physician for his pancreatitis. (Id. ¶ 13.) His requests were ignored or refused and, on one
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occasion, Jenkins was told by a jail official that "we can't take you to the doctor." (Id. ¶ 14.)
Plaintiff continued to be severely ill for several weeks. (Id. ¶ 15.) At some point he was taken to
the jail nurse, who provided him with over-the-counter pain medication. (Id. ¶¶ 15-16.) His
condition continued to deteriorate, resulting in an inability to eat and his feet turning black. (Id. ¶
17.) At some point thereafter, Jenkins lost consciousness and woke up in a Jackson, Tennessee
hospital. (Id. ¶ 18.)
ARGUMENTS OF THE PARTIES AND ANALYSIS
Federal Claims.
Official Capacity.
The movants seek dismissal of the official capacity claims against Defendants Doolen,
Brown and McKinney. "In an official capacity action, the plaintiff seeks damages not from the
individual officer, but from the entity for which the officer is an agent. "A suit against an individual
in his official capacity is the equivalent of a suit against the governmental entity." Matthews v.
Jones, 35 F.3d 1046, 1049 (6th Cir. 1994). Thus, a damages suit against Doolen, Brown and
McKinney in their official capacities is a suit against Hardeman County. The official capacity
claims for damages against these Defendants are therefore DISMISSED. See Cox v. Reagan, No.
3:06-CV-250, 2009 WL 2579655, at *4 (E.D. Tenn. Aug. 17, 2009) (as official capacity suit against
officer was essentially a suit against the municipality, which was a named defendant, there was no
need to maintain official capacity suit and dismissal was appropriate).
Sheriff's Department as Suable Entity.
The Defendants also request relief under Rule 12(b)(6) from Plaintiff's claims against the
Hardeman County Sheriff's Department on the grounds that it is not a suable entity. As their
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position is supported by the caselaw, the claims are DISMISSED. See Matthews, 35 F.3d at 1049
(because police department was not an entity which could be sued, the county was the proper party
to address allegations of plaintiff's § 1983 complaint); Johnson v. Wichita Cnty., Tex. Sheriff's
Office, No. 1:12-CV-394, 2013 WL 3833667, at *10 (E.D. Tenn. July 23, 2013) (noting that district
courts in Tennessee "hold law enforcement agencies are inappropriate defendants; plaintiffs must
sue the municipalities the agencies represent").
Merits of § 1983 Claim.
§ 1983 Generally
Section 1983 provides that “[e]very person who . . . subjects, or causes to be subjected, any
citizen of the United States or other person within the jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party
injured in an action at law . . .” 42 U.S.C. § 1983. In order to prevail on such a claim, a plaintiff
“must show that a person acting under color of state law deprived the plaintiff of a right secured by
the Constitution or laws of the United States.” Chigano v. City of Knoxville, ___ F. App'x ___,
2013 WL 3466427, at *3 (6th Cir. July 10, 2013) (internal quotation marks omitted). In the instant
motion, the Defendants contend that no deprivation of a constitutional right has been properly
alleged.
Constitutional Violations
Eighth Amendment
"The Eighth Amendment prohibition on cruel and unusual punishment protects prisoners
from the 'unnecessary and wanton infliction of pain.'" Villegas v. Metro. Gov't of Nashville, 709
F.3d 563, 568 (6th Cir. 2013) (quoting Barker v. Goodrich, 649 F.3d 428, 434 (6th Cir. 2011)). "A
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prisoner's Eighth Amendment right is violated when prison doctors or officials are deliberately
indifferent to the prisoner's serious medical needs." Runkle v. Kemen, ___ F. App'x ___, 2013 WL
2249462, at *3 (6th Cir. May 23, 2013) (quoting Comstock v. McCrary, 273 F.3d 693, 702 (6th Cir.
2001)) (alterations omitted). "An Eighth Amendment claim has an objective and subjective
component." Id. "To satisfy the objective component, the plaintiff must allege that the medical need
at issue is sufficiently serious." Id. (internal quotation marks omitted). "To satisfy the subjective
component, the plaintiff must allege facts which, if true, would show that the official being sued
subjectively perceived facts from which to infer substantial risk to the prisoner, that he did in fact
draw the inference, and that he then disregarded that risk." Id. (alteration omitted). "The
requirement that the official have subjectively perceived a risk of harm and then disregarded it is
meant to prevent the constitutionalization of medical malpractice claims; thus, a plaintiff alleging
deliberate indifference must show more than negligence or the misdiagnosis of an ailment." Id.
(alteration omitted). "Deliberate indifference is characterized by obduracy or wantonness -- it
cannot be predicated on negligence, inadvertence, or good faith error." Reilly v. Vadlamudi, 680
F.3d 617, 624 (6th Cir. 2012). "To state a cognizable claim, [a plaintiff] must allege acts or
omissions sufficiently harmful to evidence deliberate indifference to serious medical needs -indifference that offends the evolving standards of decency under the Eighth Amendment." Id.
(internal quotation marks omitted). Deliberate indifference may be "manifested by prison doctors
in their response to the prisoner's needs or by prison guards in intentionally denying or delaying
access to medical care." Estelle v. Gamble, 429 U.S. 97, 104-05, 97 S. Ct. 285, 291, 50 L. Ed. 2d
251 (1976) (internal footnote omitted), reh'g denied (Jan. 17, 1977); see also Quigley v. Tuong Vinh
Thai, 707 F.3d 675, 684 (6th Cir. 2013).
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The Defendants submit that Jenkins' Eighth Amendment claims should be dismissed because
his complaint alleges nothing more than that the care provided by the Hardeman County Jail was
inadequate. Courts in this Circuit have distinguished "between cases where the complaint alleges
a complete denial of medical care and those cases where the claim is that a prisoner received
inadequate medical treatment." Westlake v. Lucas, 537 F.2d 857, 860 n.5 (6th Cir. 1976). "[A]
prisoner states a proper cause of action when he alleges that prison authorities have denied
reasonable requests for medical treatment in the face of an obvious need for such attention where
the inmate is thereby exposed to undue suffering or the threat of tangible residual injury." Id. at 860.
While "federal courts are generally reluctant to second guess medical judgments," "in some cases
the medical attention rendered may be so woefully inadequate as to amount to no treatment at all."
Id. at 860 n.5. Taking the allegations in the light most favorable to Jenkins, the Court finds that, at
the pleading stage, it cannot say Plaintiff has failed to properly allege that the Defendants were
deliberately indifferent to his serious medical needs and, specifically, that the care he received
amounted to no treatment at all. Accordingly, the motion to dismiss based on Jenkins' failure to
allege an Eighth Amendment claim is DENIED.
Fourteenth Amendment Substantive Due Process Clause
The Plaintiff has averred violation of his substantive due process rights under the Fourteenth
Amendment, which prohibits states from "depriv[ing] any person of life, liberty, or property, without
due process of law[.]" U.S. Const. amend. XIV. "Substantive due process prevents the government
from engaging in conduct that shocks the conscience or interferes with rights implicit in the concept
of ordered liberty." Prater v. City of Burnside, Ky., 289 F.3d 417, 431 (6th Cir.) (internal alterations
& quotation marks omitted), cert. denied, 537 U.S. 1018, 123 S. Ct. 550, 154 L. Ed. 2d 425 (2002).
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"Substantive due process serves the goal of preventing governmental power from being used for
purposes of oppression, regardless of the fairness of the procedures used." Pittman v. Cuyahoga
Cnty. Dep't of Children & Family Servs., 640 F.3d 716, 728 (6th Cir. 2011) (quoting Howard v.
Grinage, 82 F.3d 1343, 1349 (6th Cir. 1996)) (internal alterations omitted).
"[C]ourts [are] to carefully scrutinize so-called substantive due process claims brought under
§ 1983 because guideposts for responsible decisionmaking in this unchartered area are scarce and
open-ended." Upsher v. Grosse Pointe Pub. Sch. Sys., 285 F.3d 448, 452 (6th Cir.) (internal
quotation marks omitted), cert. denied, 537 U.S. 880, 123 S. Ct. 88, 154 L. Ed. 2d 135 (2002).
"Where a particular [a]mendment provides an explicit textual source of constitutional protection
against a particular sort of government behavior, that [a]mendment, not the more generalized notion
of 'substantive due process,' must be the guide for analyzing such a claim." Albright v. Oliver, 510
U.S. 266, 266, 114 S. Ct. 807, 809, 127 L. Ed. 2d 114 (1994) (some internal quotation marks
omitted), reh'g denied (Mar. 21, 1994). If such an amendment exists, the substantive due process
claim is properly dismissed. Heike v. Guevara, 519 F. App'x 911, 923 (6th Cir. 2013), cert. denied
2013 WL 4402249, 82 U.S.L.W. 3095 (Oct. 7, 2013). Because the Eighth Amendment provides an
explicit source of constitutional protection to Jenkins here, the Fourteenth Amendment claim is
DISMISSED. See Stevens v. Grafos, No. 1:12-cv-90, 2013 WL 5332602, at *4 (W.D. Mich. Sept.
23, 2013) (where plaintiff's Fourteenth Amendment substantive due process claim was premised on
his allegation that his constitutional right to adequate medical treatment was violated, because his
right to adequate medical care was sufficiently protected by the Eighth Amendment, due process
claim was dismissed).
Municipal Liability
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"A municipality can be liable under [§ 1983] only if the plaintiff can demonstrate that his
civil rights have been violated as a direct result of that municipality's policy or custom or if a failure
to train amounts to deliberate indifference to such rights." Burley v. Gagacki, ___ F.3d ___, 2013
WL 4767178, at *6 (6th Cir. Sept. 6, 2013) (quoting Blackmore v. Kalamazoo Cnty., 390 F.3d 890,
900 (6th Cir. 2004)) (internal quotation marks omitted). "A single decision can constitute a policy,
if that decision is made by an official who possesses final authority to establish municipal policy
with respect to the action ordered, which means that his decisions are final and unreviewable and
are not constrained by the official policies of superior officials." Flagg v. City of Detroit, 715 F.3d
165, 174-75 (6th Cir. 2013) (internal citations & quotation marks omitted), reh'g & reh'g en banc
denied (June 18, 2013). There is no respondeat superior liability under § 1983. Id. at 174.
The Plaintiff has alleged that the County is responsible for the "policies, practices, and
customs" of its sheriff's department, correctional facility and/or jail; that "[t]he conduct, practices,
policies and/or procedures of all of the Defendants as applied to Mr. Jenkins amount to deliberate
indifference to a serious medical need and caused Mr. Jenkins to suffer severe permanent injuries
. . ." and that the "actions and/or omissions [of the Defendants], in either or both their individual
and/or official capacities and as policy makers for [the County]," violated his constitutional rights.
(D.E. 1 ¶¶ 19, 26, 29, 30, 31.) Jenkins has also averred that Defendants Doolen, Brown and
McKinney are policymakers for the County. (Id. ¶¶ 4, 6-8.)
In Maxwell v. Correctional Medical Services, ___ F. App'x ___, 2013 WL 5272920 (6th Cir.
Sept. 19, 2013), the Sixth Circuit reviewed the efficacy of a similar allegation, and found it wanting.
Therein, the plaintiff's allegation of municipal liability consisted of the following statement: the
defendants' "policies, practices, and customs resulted in [p]laintiff suffering almost constant pain
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for the entire time of the most recent incarceration." Maxwell, 2013 WL 5272920, at *9. The Court,
noting that "conclusory allegations or legal conclusions masquerading as factual allegations will not
suffice," found that Maxwell's averment did not satisfy the requirement that a complaint "state a
claim to relief that is plausible on its face." Id. If the allegation in support of § 1983 municipal
liability in Maxwell was insufficient under Rule 12(b)(6), then so are those offered to impose
liability on the County in this case. The motion to dismiss the § 1983 claims against the County is
GRANTED.
Individual Liability
The movants seek dismissal of the Eighth Amendment claims against the individual
Defendants on the grounds that Jenkins failed to specify the date of his alleged injury and the acts
and/or omissions of each Defendant. In support of their assertions, the Defendants cite to Patterson
v. Novartis Pharmaceuticals Corp., 451 F. App'x 495 (6th Cir. 2011). In Patterson, the court
articulated as follows:
The district court properly granted Novartis's motion to dismiss because Patterson's
complaint does not sufficiently allege that she received infusions of Aredia
manufactured by Novartis. Massachusetts law requires that a plaintiff suing a
manufacturer in a product-liability action to be able to prove that his or her injury
can be traced to that specific manufacturer. Here, the complaint alleges only a
possibility that the infusions Patterson received were of Aredia manufactured by
Novartis. The complaint does not allege when Patterson received these infusions,
how many infusions she received, or any other facts specific to her treatment.
The plausibility pleading standard set forth in Twombly and Iqbal requires that
Patterson have pled enough facts to state a claim for relief that is plausible on its
face. A complaint that allows the court to infer only a mere possibility of
misconduct[] is insufficient to show that the complainant is entitled to relief and fails
to meet the pleading requirements of Rule 8. The assertion that Patterson received
"Aredia and/or generic Aredia (pamidronate)" means that Patterson could have
received only Aredia manufactured by Novartis. Or, she could have received both
Aredia and generic Aredia, which would be sufficient to state a claim against
Novartis. However, as pled, it is also entirely plausible that Patterson received
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infusions of only generic Aredia that Novartis did not manufacture: it is this
possibility that is fatal to her complaint. Because the complaint only permits us to
infer the possibility that Patterson received infusions of Aredia manufactured by
Novartis, it fails to satisfy the pleading standards set forth in Twombly and Iqbal.
Therefore, the district court properly granted judgment on the pleadings in favor of
Novartis.
In reaching this conclusion we stress that "plausibility," however, is not akin to a
probability requirement. To proceed past the pleading stage a plaintiff need not
establish that the alleged acts actually occurred or likely occurred with a sufficiently
high probability. While Patterson's complaint strongly suggests that she received
Aredia manufactured by Novartis, she pled herself out of relief by specifically
asserting that she may have received infusions of only generic Aredia. In this case,
it is the "/or" that prevents Patterson's claim from proceeding. Although the Supreme
Court has continued to stress that Rule 8 marks a notable and generous departure
from the hyper-technical, code-pleading regime of a prior era, we have, to some
extent, crept back towards those earlier standards. However, construing this
complaint in a light most favorable to Patterson, it fails to allege anything more than
a possibility that she received Aredia infusions and, therefore, does not meet the
requirements of Twombly and Iqbal.
Patterson, 451 F. App'x at 497-98 (internal citations & some quotation marks omitted). The
Defendants argue that, because Patterson's failure to assert when her drug infusions occurred is
similar to Jenkins' failure to allege when he suffered the alleged unconstitutional acts, Patterson
militates in favor of dismissal here. According to the Court's reading of the opinion, however,
dismissal was based on the plaintiff's uncertainty as to whether she was harmed by the defendant at
all. Such a scenario has not presented itself in this case.
Indeed, courts in this Circuit have concluded that dates need not be precisely alleged under
the new pleading regime articulated in Iqbal and Twombly. See Peppers v. LTF Greenhouses, LLC,
Civ. Action No. 3:11CV-547-S, 2012 WL 1808844, at *2 (W.D. Ky. May 17, 2012); Polinsky v.
Cmty. Health Partners Reg'l Health Sys., 858 F. Supp. 2d 891, 902 (N.D. Ohio 2012). While a
plaintiff must identify each defendant against whom relief is sought and provide each with notice
of the claims against him, Nelson v. Putnam Cnty. Justice Ctr., No. 2:13-cv-00029, 2013 WL
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1623686, at *4 (M.D. Tenn. Apr. 15, 2013), where the complaint names multiple defendants and
alleges multiple incidents but does not indicate how the individuals should be held legally
responsible for all or some of the alleged misdeeds, the court may grant a motion for a more definite
statement under Fed. R. Civ. P. 12(e). See Joslin v. Metro Nashville/Davidson Cnty., No. 3:12-cv1284, 2013 WL 2250712, at *6 (M.D. Tenn. May 21, 2013). The movants have requested, in the
event dismissal was not granted, an order for a more definite statement seeking, in addition to the
facts relating to each Defendant, (1) the dates Jenkins asked for medical attention, (2) the dates he
was examined by the jail nurse, (3) the date(s) on which his feet turned black, (4) the dates of his
hospitalization, and (5) the date he was told he could not be taken to a physician.
Rule 12(e) permits a more definite statement where a "pleading to which a responsive
pleading is allowed . . . is so vague or ambiguous that the party cannot reasonably prepare a
response." Fed. R. Civ. P. 12(e). Motions for relief under the Rule are "designed to strike at
unintelligibility rather than simple want of detail." Streets v. Putnam, Inc., Civ. Action No. 2:13-cv0803, 2013 WL 5373321, at *1 (S.D. Ohio Sept. 24, 2013); Crowe v. Trustgard Ins. Co., Civ. Action
No. 5:12-240-KKC, 2013 WL 2243965, at *3 (E.D. Ky. May 21, 2013). They are generally
disfavored in the federal courts due to the opportunity for pretrial discovery. E.E.O.C. v. FPM
Group, Ltd., 657 F. Supp. 2d 957, 966 (E.D. Tenn. 2009). "A motion under Rule 12(e) should not
be granted unless the complaint is so excessively vague and ambiguous as to be unintelligible and
as to prejudice the defendant seriously in attempting to answer it." Id. (internal quotation marks
omitted). If the complaint meets the notice pleading requirements of Fed. R. Civ. P. 8(a)(2) the
motion should be denied. Id.
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It is true Jenkins' complaint falls far short of being a model of clarity. That said, it is neither
unintelligible nor seriously prejudicial to the Defendants. The information sought may be obtained
through discovery. The Rule 12(e) motion is DENIED.
John Doe Defendants
The Defendants further pursue dismissal of Plaintiff's claims against the five John Does.
"Plaintiffs are permitted to bring suit against unnamed 'John Doe' defendants until discovery or other
information reveals the identity of the party." Brown v. Owens Corning Inv. Review Comm., 622
F.3d 564, 572 (6th Cir. 2010). Until a plaintiff amends his complaint to identify and add a John Doe
defendant by his true name, however, John Doe allegations contained in the original complaint are
mere surplusage. Thomas v. Bivens, No. 3:09-CV-62, 2011 WL 32207, at *8 (E.D. Tenn. Jan. 5,
2011). "Replacing a 'John Doe' defendant with a new, previously unknown party is considered a
change of parties and must comply with the requirements of [Fed. R. Civ. P.] 15(c)(1)(C) when the
change is made after the expiration of the applicable statute of limitations." Brown v. Cuyahoga
Cnty., Ohio, 517 F. App'x 431, 433 (6th Cir. 2013). The applicable statute of limitations for § 1983
actions brought in Tennessee is one year. Eidson v. Stateof Tenn. Dep't of Children's Servs., 510
F.3d 631, 634 (6th Cir. 2007). Rule 15 allows an amendment to change a party to relate back to the
filing date of the original complaint if the newly named defendant "received such notice of the action
that [he] will not be prejudiced in defending on the merits; and . . . knew or should have known that
the action would have been brought against [him], but for a mistake concerning the proper party's
identity." Fed. R. Civ. P. 15(c)(1)(C). Lack of knowledge as to the identity of jail employees
involved in an alleged unconstitutional act is not a "mistake" for Rule 15 purposes. Brown, 517 F.
App'x at 433-34. A mistake under such circumstances has been defined by the United States
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Supreme Court as "an error, misconception, or misunderstanding; an erroneous belief." Krupski v.
Costa Crociere S. p. A., 560 U.S. 538, ___, 130 S. Ct. 2485, 2494, 177 L. Ed. 2d 48 (2010). Thus,
Jenkins' lack of knowledge is not a mistake which would permit any amendment to his complaint
for the purpose of naming the John Doe Defendants to relate back to the date of the original
complaint. Any claims asserted against the John Does in an amended pleading would therefore be
time-barred.
"Litigants may avoid a strict time bar by seeking equitable tolling of the statute of
limitations." Brown, 517 F. App'x at 434. Courts are to look to state law in order to determine
whether a statutory period should be tolled and "must enforce that law unless it is inconsistent with
federal law." Pike v. United States, 868 F. Supp. 2d 667, 681 (M.D. Tenn. 2012) (citing Bd. of
Regents of Univ. of State of N.Y. v. Tomanio, 446 U.S. 478, 483-84, 100 S. Ct. 1790, 64 L. Ed. 2d
440 (1980)) (internal quotation marks omitted); see also Guy v. Lexington-Fayette Urban Cnty.
Gov't, 488 F. App'x 9, 18 (6th Cir.), cert. denied, ___ U.S. ___, 133 S. Ct. 547, 184 L. Ed. 2d 343
(2012). "[U]nlike other state courts and the federal courts, [Tennessee courts] have declined to
recognize the doctrine of equitable tolling in civil cases." Redwing v. Catholic Bishop for Diocese
of Memphis, 363 S.W.3d 436, 460 (Tenn. 2012). Instead, courts in this state recognize two tolling
doctrines in civil proceedings: equitable estoppel and fraudulent concealment. Id.
The doctrine of equitable estoppel tolls the running of the statute of limitations where the
defendant "has misled the plaintiff into failing to file suit within the statutory period." Id. When
it is found applicable, the doctrine prevents a defendant from asserting an otherwise valid statute of
limitations defense. Id. When the statute of limitations defense has been presented, the plaintiff
bears the burden of establishing that "the defendant induced him or her to put off filing suit by
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identifying specific promises, inducements, suggestions, representations, assurances, or other similar
conduct by the defendant that the defendant knew, or reasonably should have known, would induce
the plaintiff to delay filing suit." Id. The plaintiff must also show "that his or her delay in filing suit
was not attributable to his or her own lack of diligence." Id. (internal alterations omitted).
"Under the fraudulent concealment doctrine, the statute of limitations is tolled when the
defendant has taken steps to prevent the plaintiff from discovering he . . . was injured." Id. at 462
(internal quotation marks omitted). The doctrine also applies "to circumstances in which the
defendant engages in conduct intended to conceal the identity of the person or persons who caused
the plaintiff's injury from the plaintiff." Id. In order to toll the running of the statute of limitations
based on fraudulent concealment, the plaintiff must establish:
(1) that the defendant affirmatively concealed the plaintiff's injury or the identity of
the wrongdoer or failed to disclose material facts regarding the injury or the
wrongdoer despite a duty to do so; (2) that the plaintiff could not have discovered the
injury or the identity of the wrongdoer despite reasonable care and diligence; (3) that
the defendant knew that the plaintiff had been injured and the identity of the
wrongdoer; and (4) that the defendant concealed material information from the
plaintiff by withholding information or making use of some device to mislead the
plaintiff in order to exclude suspicion or prevent inquiry.
Id. at 462-63 (internal footnotes & quotation marks omitted). The plaintiff must show that he
exercised "reasonable care and diligence in pursuing [his] claim." Id. at 463.
Jenkins has put forth no argument whatever to support a finding that the statute of limitations
should be tolled in accordance with either doctrine. The motion to dismiss the John Doe Defendants
is GRANTED.
State Law Claims.
Tennessee Constitutional Claims.
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The Defendants assert that the Tennessee Constitution does not give rise to a private right
of action. They are correct. See Crowe v. Bradley Equip. Rentals & Sales, Inc., No. E2008-02744COA-R3-CV, 2010 WL 1241550, at *8 (Tenn. Ct. App. Mar. 31, 2010) ("we know of no authority
that recognizes a private cause of action for" violations of the Tennessee Constitution). Plaintiff's
claims under the Tennessee Constitution are DISMISSED.
The Tennessee Governmental Tort Liability Act.
The Defendants also argue that the Court should decline to exercise jurisdiction over the
Plaintiff's state law negligence claims. The Tennessee Governmental Tort Liability Act ("GTLA")
governs state law claims against governmental entities and their employees. See Tenn. Code Ann.
§ 29-20-101, et seq. GTLA claims would ordinarily confer supplemental jurisdiction in this Court
because they arise out of the same facts and form part of the same case or controversy. See 28
U.S.C. § 1367(a). However, these allegations must be brought in "strict compliance" with the terms
of the state statute. See Tenn. Code Ann. § 29-20-201(c). The GTLA expressly states that
Tennessee "circuit courts shall have exclusive original jurisdiction" over claims brought pursuant
to its provisions. Tenn. Code Ann. § 29-20-307.
A district court may, in its discretion, decline supplemental jurisdiction over a state law claim
even if jurisdiction would otherwise be proper under § 1367(a). Section 1367(c)(4) allows a district
court to "decline to exercise supplemental jurisdiction over a claim under subsection (a) if . . . (4)
in exceptional circumstances, there are other compelling reasons for declining jurisdiction." 28
U.S.C. § 1367(c)(4). The Sixth Circuit has held that "the Tennessee legislature expressed a clear
preference that [GTLA] claims be handled by its own state courts. This unequivocal preference of
the Tennessee legislature is an exceptional circumstance [under § 1367(c)(4)] for declining
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jurisdiction." Gregory v. Shelby Cnty., Tenn., 220 F.3d 433, 446 (6th Cir. 2000). Therefore, this
Court declines to exercise supplemental jurisdiction over Plaintiff's GTLA claims. See Ables v.
Shelby Cnty., Tenn., No. 2:10-CV-02169-JPM-dkv, 2010 WL 3024959, at *5 (W.D. Tenn. July 29,
2010) (state law claims dismissed in light of Sixth Circuit's finding that Tennessee legislature's
preference that GTLA claims be addressed in state courts was an exceptional circumstance under
§ 1327(c)(4) supporting order declining jurisdiction). The Plaintiff's GTLA claims are DISMISSED
without prejudice.
CONCLUSION
For the reasons articulated herein, the motion to dismiss is GRANTED as to Plaintiff's claims
against Hardeman County, the Hardeman County Sheriff's Department and the John Doe
Defendants; his federal claims against the individual Defendants in their official capacities; and his
claims under the Fourteenth Amendment and state law. The motion to dismiss the Eighth
Amendment claims is DENIED, as is the motion for a more definite statement.
IT IS SO ORDERED this 10th day of October 2013.
s/ J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE
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