Partin v. Michael Parris, et al

Filing 30

ORDER TO ISSUE AND SERVE PROCESS ON DEFENDANT WOODARD. Signed by Judge James D. Todd on 4/11/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
COURTNEY PARTIN,
Plaintiff,

VS.

MICHAEL PARRIS, ET AL.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

No. 16-1178-JDT-cgc

ORDER TO ISSUE AND SERVE PROCESS ON DEFENDANT WOODARD

The pro se Plaintiff, Courtney Partin, prisoner number 350945, an inmate at the
Northwest Correctional Complex (NWCX) in Tiptonville, Tennessee, filed a complaint
pursuant to 42 U.S.C. § 1983. (ECF No. 1.) The Court dismissed the case sua sponte
pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) for failure to state a claim on which
relief may be granted. (ECF No. 16.) Plaintiff filed an appeal, and the Sixth Circuit affirmed
in part but vacated in part and remanded for further proceedings. Partin v. Parris, et al., No.
17-6172, 2018 WL 1631663 (6th Cir. Mar. 20, 2018).
The Sixth Circuit concluded that Plaintiff’s complaint sufficiently states an Eighth
Amendment claim against Defendant Joseph Woodard, a Corrections Officer at the NWCX.
The Court of Appeals stated:

Lastly, Partin alleged that after he had been told to get on his knees
during a search, he asked that he be allowed to sit in a different way. He
claimed that Woodard “was talking bad” to him and tried to “throw” him, after
which he “went to his knees with hands behind his back.” Partin then alleged
that six to ten unknown officers assaulted him in various ways. The district
court determined that Woodard’s alleged attempt to throw Partin was
insufficient by itself to give rise to an Eighth Amendment violation, and that
he failed to meet the subjective component of an excessive-force claim
because the most severe physical assaults were inflicted by other unknown
correctional officers. However, even if this court were to agree that a mere
attempt to throw Partin was insufficient by itself to give rise to an Eighth
Amendment violation, Woodard could still be found liable under the Eighth
Amendment for failing to intervene when the other officers allegedly attacked
Partin. See Burgess [v. Fischer], 735 F.3d [462, 475 (6th Cir. 2013)].
Although Partin does not directly state that Woodard watched while the other
officers assaulted him, a liberal construction of the complaint implies that the
alleged assaults began immediately after Woodard attempted to throw Partin.
Consequently, Partin made sufficient factual allegations to support an Eighth
Amendment claim against Woodard.
2018 WL 1631663, at *3.
In accordance with the Sixth Circuit’s order, the Clerk is ORDERED to issue process
for Defendant Joseph Woodard and and deliver that process to the U.S. Marshal for service.
Service shall be made on Defendant Woodard pursuant to Federal Rule of Civil Procedure
4(e) and Tennessee Rules of Civil Procedure 4.04(1) and (10) by registered or certified mail
or personally if mail service is not effective. Service shall include a copy of this order. 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
he files in this cause on the attorneys for the Defendant or on the Defendant if he is
unrepresented. Plaintiff shall make a certificate of service on every document filed. Plaintiff

2

shall familiarize himself with the Federal Rules of Civil Procedure and this Court’s Local
Rules.1
Plaintiff shall promptly notify the Clerk 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

1

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.
3