Turner v. Schofield
| Decision Date | 20 July 2016 |
| Docket Number | No. 1:15-cv-1135-JDT-egb,1:15-cv-1135-JDT-egb |
| Parties | RAY TURNER, a/k/a AUTHOR X a/k/a/ AUTHUR R. TURNER Plaintiff, v. DERRICK SCHOFIELD, ET AL., Defendants. |
| Court | U.S. District Court — Western District of Tennessee |
On June 2, 2015, Plaintiff Ray Turner, a/k/a Author X, a/k/a Authur R. Turner, ("Turner"), who is confined in the Trousdale Turner Correctional Complex in Hartsville, Tennessee, filed a pro se complaint pursuant to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), 42 U.S.C.A. § 2000cc et seq., and a motion for leave to proceed in forma pauperis for actions that occurred at the Northwest Correction Complex ("NWCX") in Tiptonville, Tennessee. (ECF Nos. 1, 2 & 3.) On June 3, 2015, the Court granted leave to proceed in forma pauperis and assessed the civil filing fee pursuant to the Prison Litigation Reform Act, 28 U.S.C. §§ 1915(a)-(b) on June 26, 2015. (ECF No. 5.) The Clerk shall record the defendants as Tennessee Department of Correction ("TDOC") Commissioner Derrick Schofield, TDOC Assistant Commissioner Tony Parker, TDOC Assistant Commissioner William Gupton, TDOC Director of Food Services Jane Amonett, TDOC Cook Chill, NWCX Warden Mike Parris, NWCX Fiscal Director Mark Watson, NWCX Food Manager V. Cadney, NWCX Assistant Food Manager Susan Redden, NWCX Assistant Food Manager Rick Duncan, NWCX Former Chaplain M. Lavender, NWCX Assistant Chaplain Kurt Gross, NWCX C.C.O. Bradley Canada, and NWCX Health Administrator Recie Yanders.1 All defendants are sued in their official and individual capacities.
Turner filed a 70 page complaint with over 400 pages of exhibits and attachments, many duplicating allegations already set forth in the complaint. The Court will highlight the specific factual issues provided by Turner.
On February 14, 2013 and June 6, 2013, Turner signed a Therapeutic Diet order about his food allergies: beans and peas. (Compl at ¶ ¶ 20-21, ECF No. 1.) On September 3, 2013, Turner signed a religious contract for a Halal religious diet. (Id. at ¶ 23.) Turner alleges that on July 12, 2013, Cpt. McGage, who is not a party to this complaint, violated his First Amendment rights by not serving him, or the other inmates observing Ramadan until after 9:00 p.m., which resulted in his not having food for twenty-four hours. (Id. at ¶ ¶ 24-31.)
On September 14, 2013, Turner signed a Therapeutic Diet order about his food allergies: beans and peas. (Id. at ¶ 33.) Turner alleges that on September 13, 2013, Defendant Redden contacted Kaye F. Moore, who is not a party to this complaint, encouraging her "to deny Muslim inmates their Halal My Own meal per the Religious Diet contract." (Id. at ¶ 34, footnotesomitted.) On December 7 and December 10, 2013, Turner was not served a meal that he could eat due to both religious and health reasons. (Id. at ¶ ¶ 38-44.)
Tuner alleges that Defendant Cook Chill and TDOC has a contract to provide all the food supplied for all state agencies involved in the statewide comprehensive food program. (Id. at 57.)
Turner alleges that over a period of years from October 16, 2014 through April 11, 2015, the Defendants Amonett, Cadney, Redden, Duncan, Parris, Watson, and the TDOC Dietician have failed to provide him and other inmates with a Halal diet, but are charging those inmates for special diet. (Compl. at 57, ECF No. 1.) Turner alleges that Defendants Cadney, Redden, and Duncan refuse to provide him with an adequate substitute for his food allergies to bean, peas and there byproducts. (Id. at 60.) Defendants Amonett, Cadney, Redden, Duncan, Parris, and Watson served Turner food that they knew he could not and would not eat. (Id. at 61.)
Turner's numerous examples highlight these allegations. On October 6, 2014, Turner contends they were serving pork on the special diet line. (Id. at 8.) When Turner informed Cadney about them serving pork on the religious line, she stated, "'I don't want to hear it." (Id. at 9.) Turner did not eat at all on that date. (Id. at 10.) Food service continued to serve pork in the religious line.
On January 13, 2015 Turner was given a religious diet tray with vegetarian chili and green beans. (Id. at 14.) Defendant Duncan stated that they had this problem before, but Defendant Cadney had called the clinic and determined there was not enough soy in the veggie chili to hurt Turner. (Id.) Turner said that it would kill him if he ate it and was, therefore, not served lunch. (Id.) This happened again on January 15, 2015, involving Defendant Redd. (Id. at 14-15.)
Turner communicated with Defendant Yanders regarding his food allergies. (Id. at 15, see also Ex. M.) On January 23, 2015, Defendant Yanders states that she did not have anything in her records regarding Turner's allergies and that he should go to sick call to get documented reaction through properly conducted testing by a doctor. (Id.) On February 25, 2015, Turner met with Defendant Yanders. (Id.at 28.) At that meeting Defendant Yanders told Turner that they have a new procedure in place that requires him to get a therapeutic diet because of his food allergies. (Id.at 29.) Turner said he didn't need a therapeutic diet because he was on a Halal diet and his allergies were documented by the kitchen. (Id.) Defendant Yanders became angry and yelled and pointed her finger at Turner. (Id.) Turner says that he had signed up for sick call regarding a headache and rash, but Defendant Yanders changed it to discuss his therapeutic diet because, she said, that he never talks to his doctor about his food allergies. (Id.) Turner contends that Defendant Yanders retaliated against Turner in regards to job placement due to grievances he filed on the kitchen staff. (Id. at 30.)
On February 11, 2014, Turner received a letter from Defendant Amonett stating they were in contact with Dr. Ossama Bahloul regarding food service. (Id. at 36, see also Ex. R.) Turner alleges, that Defendant Amonett has refused to contact anyone from the Nation of Islam, nor has she responded to request for a Halal menu for Nation of Islam Muslim inmates. (Id.)
On January 15, 2015, Turner received in-house correspondence from Defendant Parris providing Turner a copy of the Halal menu. (Id. at 38-39.) Turner contends that there are pork items in these items and that he has not received documentation that the meat is Halal certified. (Id. at 40.)
On March 13, 2014, Turner was in the kitchen waiting to talk to someone about his meal. (Id. at 24.) Defendant Cadney was informed about Turner's dietary needs and told him to waithis turn. (Id. at 41.) While Turner was waiting for his tray, Defendant Cadney called Sgt. Lumdon, who is not a party to this complaint, into the Chow hall. (Id.) Defendant Cadney told Sgt. Lumdon that she filed the job drop papers that got Turner removed from the kitchen; however, the job drop paperwork was filed using Assistant Food Manager Mike Young's name. (Id. see also Ex. N.) On April 15, 2014, Turner pled guilty to a write-up, but the disciplinary board did not give him a job drop. (Id.) Even though the paperwork did not state that he was dropped from the job, Defendant Cadney as well as Food Stewart Linda and Food Steward Bell turned Turner away from doing his work in the kitchern. (Id. at 26.)
On April 20, 2015, Turner was written up by Defendant Canada for disrespect while Turner was trying to use the library. (Id. at 30-31.) Turner contends that Defendant Canada filed the write-up in retaliation for grievances Turner filed against the kitchen staff. (Id. at 31.)
Turner alleges that Defendants Gross, Parris, Watson, and TDOC are refusing to issue passes to Muslim inmates in the Nation of Islam that use "X" in their name and refuse to issue passes to inmates that are trying to attend a religious services of a faith not listed on TOMIs. (Id.at 58.) Further, Defendant Gross has refused to recruit outside religious cultures that are non-Christian and that Defendants Gross and Parris, for a two month period of time, sent officers to Turener's services and classes to disrupt them. (Id. at 62-63.)
Specifically, on June 5, 2014, Defendant Lavender released a Memorandum about the observance of Ramadan at NWCX. (Id. at 27, see also Ex. X.) On June 30, 2014, Defendants Lavender and Gross refused to allow inmates not listed on TOMIS as Muslim/Islamic to take part in the fast. (Id. at 27, see also EX. J.) In August 2014, Defendant Lavender and Gross only issued passes to religious services for people submitting requests for their full names and would not accept names with X or initials. (Id. at 27-28.) Turner wrote a letter to Defendant Schofieldregarding the failure of Defendants Parris, Lavender, and Gross to issue passes to himself and other inmates. (Id. at 34, see also Ex. I.)
Turner alleges that he has been retaliated against by Defendants Cadney, Redden, Duncan, Lavender and Gross. (Id. at 60 & 61.) Defendants Schofield, Parker, and Gupton have failed to properly investigate the retaliation against him. (Id. at 61.) On January 9, 2015, Turner sent a letter to Defendants Schofield and Pariss about the issues facing Muslim inmates. (Id. at 14, see also Exs. J & K.) Defendants Parris and Watson have failed to take action to curb a pattern of Religious and Race discrimination by TDOC staff. (Id.)
On April 6, 2015, Turner asked C/O Green, who is not a party to this complaint to open his door so he could use the restroom. (Id. at 54.) Turner was forced to wait 30 minutes, and as a result of the wait, urinated on the wall. (Id. at 55.) Turner was written up for creating a disturbance, but contends the waiting for 30 minutes was cruel and unusual punishment. (Id.)
Turner alleges the TDOC is currently housing Segregated Inmates on the main compound at NWCX in violation of TDOC policy. (Id. at 63.) As a...
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