Miles v. Shelby County Jail et al

Filing 39

ORDER granting 24 Motion to Set Aside Default; finding as moot 21 Motion for Entry of Default. Signed by Judge Samuel H. Mays, Jr on 2/25/2022.(Mays, Samuel)

Case 2:19-cv-02241-SHM-cgc Document 39 Filed 02/25/22 Page 1 of 4

PageID 141

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
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BENJAMIN F. MILES, IV,
Plaintiff,

v.
SHELBY COUNTY CRIMINAL
JUSTICE CENTER, ET AL.,
Defendants.

No. 19-2241

ORDER GRANTING MOTION TO SET ASIDE ENTRY OF DEFAULT
This is a prisoner’s rights case.
Plaintiff

Benjamin

Miles’

Motion

Before the Court are

for

Default

Judgment

and

Defendant Todd Connolly’s Motion to Set Aside Entry of Default.
(ECF Nos. 21, 24.) For the following reasons, Defendant’s Motion
is GRANTED and Plaintiff’s Motion is DENIED as moot.
Miles filed suit alleging that Connolly and others had
violated his constitutional rights at the Shelby County Criminal
Justice Center in Memphis, Tennessee.

(ECF No. 1.)

The Court

entered an Order partially dismissing the Complaint and directing
process

to

Defendants.

be

served

on

(ECF No. 6.)

served with process.

Connolly

and

the

other

remaining

On February 25, 2020, Connolly was

(ECF No. 12.)

As of September 22, 2020,

Connolly had not answered the complaint, and the Clerk of Court

Case 2:19-cv-02241-SHM-cgc Document 39 Filed 02/25/22 Page 2 of 4

entered default against him.

(ECF No. 16.)

PageID 142

On September 29,

2020, Miles filed a Motion for Default Judgment against Connolly,
styled as a Motion for Entry of Default.

(ECF No. 21.)

On

October 1, 2020, Connolly responded opposing the Motion for
Default Judgment and filed a Motion to Set Aside the Default.
(ECF Nos. 23, 24.)
Under Rule 55(c) a court may set aside an entry of default
for good cause.

Fed. R. Civ. P. 55(c).

In evaluating good

cause, a court considers whether (1) the default was willful,
(2) a set-aside would prejudice the plaintiff, and (3) the
alleged defense was meritorious.

United Coin Meter Co., Inc. v.

Seaboard Coastline RR., 705 F.2d 839, 844 (6th Cir. 1983) (citing
Keegel v. Key West & Caribbean Trading Co., Inc., 627 F.2d 372,
373 (D.C. Cir. 1980)).

“Although ‘[a]ll three factors must be

considered in ruling on a motion to set aside an entry of
default,’ when a defendant has a meritorious defense and the
plaintiff would not be prejudiced, ‘it is an abuse of discretion
for a district court to deny a Rule 55(c) motion in the absence
of a willful failure of the moving party to appear and plead.’”
U.S. v. $22,050.00 U.S. Currency, 595 F.3d 318, 324 (6th Cir.
2010) (quoting Shepard Claims Serv., Inc. v. William Darrah &
Assocs., 796 F.2d 190, 194 (6th Cir. 1986)).
Connolly argues that he followed Shelby County Sheriff’s
Office’s (“SCSO”) procedure the day he was served with process.
2

Case 2:19-cv-02241-SHM-cgc Document 39 Filed 02/25/22 Page 3 of 4

PageID 143

He contacted the SCSO Chief Policy and Compliance Officer and
provided

her

with

his

contact

information.

Normally,

the

Compliance Officer forwards the contact information, lawsuit,
and

summons

to

the

Shelby

County

Attorney’s

Office,

determines whether it can represent the defendant.

which
If the

Attorney’s Office decides it can represent the defendant, it
provides him with counsel.

Connolly’s paperwork was never

forwarded to the County Attorney’s Office because of an error
stemming from short-staffing in the SCSO.
Connolly’s default was not willful.

He complied with SCSO

policy and believed he had done all that was required.
Miles

will

not

be

prejudiced.

sufficient basis to establish prejudice.

Delay

alone

is

not

a

INVST Financial Grp.,

Inc. v. Chem-Nuclear Sys, Inc., 815 F.2d 391 398 (6th Cir. 1987)
(internal quotations and citations omitted). It must be shown
that delay will result in the loss of evidence, make discovery
more difficult, or provide greater opportunity for fraud and
collusion.

Id.

has not begun.

This case is in its early stages.

Any delay in the case will not prejudice Miles.

Connolly has stated a meritorious defense.
defense

relied

Discovery

upon

states

a

defense

meritorious defense has been advanced.”

good

at

“[If} any
law,

then

a

United Coin Meter, 705

F.2d at 845 (citing Rooks v. Am. Brass. Co., 263 F.2d 166, 169

3

Case 2:19-cv-02241-SHM-cgc Document 39 Filed 02/25/22 Page 4 of 4

(6th Cir. 1959)).

PageID 144

Connolly argues that he is entitled to

qualified immunity, which is good law.
All three factors favor setting aside the entry of default.
Connolly’s Motion to Set Aside the Entry of Default is GRANTED.
Miles’ Motion for Default Judgment is DENIED as moot.
SO ORDERED this 25th day of February, 2022.

/s/ Samuel H. Mays, Jr.
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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