Newberry v. Melton

• Decision Date: 08 February 2017
• Docket Number: Case No. 2:14-cv-00024
• Parties: JACK NEWBERRY, Plaintiff, v. SHERIFF W.B. MELTON, et al., Defendants.
• Court: U.S. District Court — Middle District of Tennessee

JACK NEWBERRY, Plaintiff, v. SHERIFF W.B. MELTON, et al., Defendants.

Case No. 2:14-cv-00024

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION

February 8, 2017

Judge Sharp / Frensley

JURY DEMAND

REPORT AND RECOMMENDATION

I. Introduction and Background

Pending before the Court is a Motion for Summary Judgment filed by Defendants W.B. Melton, Shannon Harvey, and Rodney Phillips, in their individual capacities ("Individual Defendants"). Docket No. 46. In support of their Motion, the Individual Defendants have filed a Memorandum of Law (Docket No. 48), a Statement of Undisputed Facts (Docket No. 49), excerpts from the Depositions of Ashley Deck (Docket No. 50-1), Debbie Deck (Docket No. 50-2), Shannon Harvey (Docket No. 50-3), Judy Parrigin (Docket No. 50-4), Justin Due (Docket No. 50-5), Jack Newberry (Docket No. 50-6), Ethan Bean (Docket No. 50-7), Christy Beed (Docket No. 50-8), Lisa Ledbetter (Docket No. 50-9), Donny Allred (Docket No. 50-10), Patricia Hensley (Docket No. 50-11), Joshua Densmore (Docket No. 50-12), and Rodney Phillips (Docket No. 50-13), the Declarations of Justin Due (Docket No. 55) and Joshua Densmore (Docket No. 56), and the Declarations with exhibits of Shannon Harvey (Docket Nos. 52, 54-1 - 54-21) and Rodney Phillips (Docket Nos. 53, 54-22).

Plaintiff has filed a Response in Opposition to the Individual Defendants' Motion for Summary Judgment (Docket No. 59) that is supported by a Memorandum of Law (Docket No. 61), a Response to the Individual Defendants' Statement of Undisputed Facts (Docket No. 68), Plaintiff's own Statement of Material Facts (Docket No. 69), the Declaration of Jack Newberry (Docket No. 62-1, p. 138-39), and numerous other exhibits, including excerpts from the Depositions of Debbie Deck (Docket No. 62-1, p. 15-23), Ashley Deck (Docket No. 62-1, p. 24-30), W.B. Melton (Docket No. 62-1, p. 35-43), Patricia Hensley (Docket No. 62-1, p. 44-50), Ethan Bean (Docket No. 62-1, p. 51-57), Nicholas Franklin (Docket No. 62-1, p. 59-69), Travis Melton (Docket No. 62-1, p. 70-80), Thurman Bolinger (Docket No. 62-1, p. 81-88), Justin Due (Docket No. 62-1, p. 89-94), Donnie Allred (Docket No. 62-1, p. 95-103), Lisa Copeland (Docket No. 62-1, p. 104-09), Christy Beed (Docket No. 62-1, p. 110-15), and Jack Newberry (Docket No. 62-1, p. 127-35).

The Individual Defendants have filed a Reply (Docket No. 77) and a Response to Plaintiff's Statement of Material Facts (Docket No. 78).

Plaintiff, who is epileptic, filed his Amended Complaint in this action pursuant to 42 U.S.C. § 1983, alleging that Defendants were deliberately indifferent to his serious medical needs by, inter alia, (1) not providing him with his anti-seizure medication for the first month of his incarceration; (2) not providing him with his oral potassium supplement pills; (3) not providing any assistance or stabilization for him during his seizures; (4) not providing first aid or other medical attention to Plaintiff's gashes, scrapes, bruising, black eyes, concussion, strained ligaments, and other injuries incurred during his seizures; and (5) not sending Plaintiff for examination by a physician who could ascertain why his seizures were increasing in frequency, intensity, and duration, in violation of his Fourth, Eighth, and Fourteenth Amendment rights.Docket No. 26. Plaintiff sues Overton County, Tennessee as the entity responsible for the remaining named Defendants' actions in their official capacities, and he sues the remaining named Defendants in their individual capacities as well. Id.¹

In addition to the stated general allegations against all Defendants, Plaintiff specifically avers that the instant Defendants, in their individual capacity, violated his rights as follows:²

20. During one particularly bad episode, Shift Sgt. Rodney Phillips dragged [him] out of his cell on a mattress, down a hallway and into a booking cell, where he left [Plaintiff] by himself. During another particularly bad seizure in the same cell, when [Plaintiff] regained consciousness, he found himself face-down in a dirty drain located on the floor of the cell, his face so disfigured from swelling and discoloration that he demanded Sgt. Phillips take a photograph of his face, which Sgt. Phillips proceeded to do. Instead of offering medical assistance, [Plaintiff] could hear Sgt. Phillips tell other deputies that Sgt. Phillips should "just grab him by the head and drag him around the booking area."

. . .

22. On October 14, 2013, [Plaintiff] contacted defendant Harvey, the jail administrator, via the Overton County Corrections Division grievance complaint form "to explain the situation" about what the county could do to alleviate the constant, intense seizures. However, defendant Harvey refused to see [Plaintiff], saying his was a medical problem that she could not help with.

23. Thereafter, [Plaintiff] attempted to contact Overton County Sheriff W.B. Melton about the recurring seizures by filling out an Overton Country grievance complaint form. However, [Plaintiff] received no response from defendant Melton.

. . .

25. [Plaintiff's] family contacted defendant Melton about the constant seizures. However, they were told that defendant Melton would not talk to them because he could not discuss inmate health concerns with "outside individuals."

. . .

46. Defendant Harvey, under color of law, violated [Plaintiff's] constitutional rights as guaranteed by the 4^th, 8^th, and 14^th Amendments to the U.S. Constitution by deliberately and intentionally failing to provide first aid or other medical attention to the Plaintiff's serious medical condition;

47. With callous indifference, defendant Harvey refused to provide assistance to the plaintiff for serious injuries that were obvious, that is, frequent and intense grand mal epileptic seizures, and, the ensuing aftermath - black eyes, a concussion, gashes, cuts, abrasion, and strained arms and ligaments. [Plaintiff] only wanted to see a physician who could ascertain why [he] experienced seizures in such a large number and with such intensity and duration. Defendant Harvey failed to ensure that [Plaintiff] receive any medical treatment whatsoever.

. . .

50. Defendant Melton, under color of law, violated [Plaintiff's] constitutional rights as guaranteed by the 4^th, 8^th, and 14^th Amendments to the U.S. Constitution by deliberately and intentionally failing to provide first aid or other medical attention to the plaintiff's serious medical condition;

51. Defendant [Melton] refused to provide assistance to the plaintiff for a serious injury that was obvious, that is, frequent and intense grand mal epileptic seizures, and, the ensuing aftermath - black eyes, a concussion, gashes, cuts, abrasion, and strained arms and ligaments. [Plaintiff] only wanted to see a physician who could ascertain why [he] experienced seizures in such a large number and with such intensity and duration. Defendant Melton failed to ensure that [Plaintiff] receive any medical treatment whatsoever.

. . .

54. Defendant Phillips, under color of law, violated [Plaintiff's] constitutional rights as guaranteed by the 4^th, 8^th, and 14^th Amendments to the U.S. Constitution by deliberately and intentionally failing to provide first aid or other medical attentionto the plaintiff's serious medical condition;

55. Defendant [Phillips] refused to provide assistance to the plaintiff for serious injuries that were obvious, that is, frequent and intense grand mal epileptic seizures and, with callous indifference only wanted to see a physician [sic] who could ascertain why [Plaintiff] experienced seizures in such a large number and with such intensity and duration.

Id.

Plaintiff contends that his seizures continued until he transitioned to the Bledsoe County Correctional Facility, where he was immediately permitted to see a physician who changed his medication. Id. Plaintiff seeks compensatory and punitive damages in an amount to be determined at trial, as well as "an order compelling Overton County to comply with Tennessee Corrections Institute and American Correctional Association standards regarding medical treatment of inmates and to properly train personnel and revamp its policies with regard to medical care for inmates," reasonable attorney's fees, costs, and other further relief as the Court deems just and proper. Id.

The Individual Defendants filed their Motion for Summary Judgment and supporting materials arguing that they are entitled to a judgment as a matter of law regarding Plaintiff's claims against them in their official capacity because they were never served in their official capacity. Docket No. 48.

Addressing Plaintiff's individual capacity claims against them, Defendants Harvey and Melton argue that they are entitled to a judgment as a matter of law because Plaintiff cannot sue them simply for being responsible for the actions of the corrections officers, since respondeat superior is not a basis for the imposition of liability under § 1983, and the specific allegationsPlaintiff levies against them are insufficient to establish that either of them "encouraged the specific incident of misconduct or in some other way directly participated in it."³ Id., citing Bellamy v. Bradley, 729 F.2d 416, 421 (6th Cir. 1984).

As to Plaintiff's general allegations of a lack of care by the corrections officers, the Individual Defendants argue that in each and "every instance where officers were notified that [Plaintiff] was undergoing a seizure, the officers responded and ensured that he was on his side. They additionally ensured that he was far away from situations which could harm him." Id. The Individual Defendants further argue that, "Once the seizures were over, staff checked him. In the event that [Plaintiff] was injured, they gave him a sick call form to complete to see the nurse and/or transported him to booking for observation," and they assert that "[i]f the injuries were serious, the officers contacted the nurse and then...