Tdoc Records Re Cca Case Info 1-3-11
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JarwaJrv 3, 2011 Memorandum: HCCF Active CaseStatus Report Privileged and Confidential- Attorney/Client Privilege - Attorney Work Product. Protected by the Rules of Evidence and/or Civil Procedure and shall not be disclosed to any third party. Memorandum Date: January 3,.2011 To: Ms. Machelle Brush Cc: Ms. Erika Cotton & Ms. Ann Parker - CCA From: Pentecost & Glenn, PLLC Melissa Tart- Legal Assistant RE: ReCF Active Case Status Report ANDERSON, Steven TDOC #230640 #1:10-1029 Plaintiff filed a Complaint In U.S. Western District Filed: 2-5,.10 District Court alleging interference with his alleged religious freedom and some type of allegations as to his received discipl~ne. Defendants are Joe Easterling; Rosie Kendrix, Robert Strickland, Fontella Mason,and Darlene Matthews The District Court has issued an order for the complaint of the plaintiff to be reviewed by the pro se litigant review panel. At this time there has been no service of the complaint. We continue to review regarding any order of the court allowing the plaintiffs claims to continue. BAILEY, Jamie TDOC #374857 #16958 Hardeman Co. Chancery Filed: 3-23-10 Plaintiff has filed a complaint in the Chancery Court of Hardeman County alleging conversion or destruction of his personal property. He has brought a claim for $40.00. Ja.nuary 3, 2011 Memorandum: HCCF Active Case Status Report DOTY, Anthony #8908 TDOC #W246639 3 Hardeman Co. Circuit Filed: 6-2-98 Plaintiff alleges that upon his transfer from Wisconsin he was advised that he could not keep certain items of his personal property at HCCF. Plaintiff states that he arranged for Beth Resop to come to HCCF and pickup the items; however upon her arrival the items could not be located. Plaintiffs allege that Ms. Resop had to stay in Hardeman County and incurred several expenses and almost lost her job due to the detainment in TN HCCF is the Defendant in this matter. An Order was entered by the trial court holding this matter in abeyance (the Judge has placed the case on "hold") due to the Plaintiffs incarceration. However, the Plaintiff is serving a life sentence. Our office continues to monitor this case. FRANKLIN, Cletus #10-1108 TDOC #345581 U.S. Western District Ct. Filed: 5-6-10 Plaintiff has filed a claim in District Ct. regarding deliberate indifference as to his dental care. Plaintiff alleges he suffered severe tooth aches over a prolonged period of time without receiving proper dental care. Plaintiff alleges he made numerous requests for dental care and was denied said care. Defendants are Hardeman County Correctional Facility, Warden Joseph Easterling, Barbara Buford, Dr. Kenneth Beard, and Corrections Corporation of America Plaintiffs Motion for Preliminary Injunction was dismissed by the Court upon hearing. We filed an Answer to Plaintiffs Amended Complaint and then filed our Motion for Summary Judgment and responded to the plaintiffs Motion for Summary Judgment at the same time. After filing those pleadings, the plaintiff signed our previous submitted order of dismissal with prejudice, and we submitted the Order to the Court. The Court signed the order without reservations and there is a final judgment since the plaintiff did not appeal. We have closed our file. HARLAN, Marcellas #04-1218 U.S. Western District Ct January 3, 2011 Memorandum: HCCF Active Case Status Report TDOC #211002 4 Filed: 9-9-04 Plaintiff has filed a claim in District Ct. regarding numerous claims of segregation, interference with grievances, conditions of confinement and then retaliation as to c/o Robertson. All claims and other defendants, including CCA, have been dismissed by the review order of the Court. Defendants are Shirley Robertson The inmate's complaint was reviewed by the pro se litigant review panel and all claims as to numerous individuals were dismissed. The Court has allowed the sole claim of retaliation to continue as to C/O Robertson under the low standard of dismissal. We have filed an answer. INGRAM, James #07-2798 TDOC# U.S. Western District Ct Filed: 12-12-07 Plaintiff has alleged a violation of his Eighth Amendment, constitutional rights and excessive force. Plaintiff alleges that he was assaulted and restrained by Warden Turner and other prison officials which injured his left eye and that he was then denied medical care for his injuries. Defendants are Glen Turner, Stephen Dotson and Tony Parker The dismissal of this matter has become final and we have closed our file. KRISLE, Willie TDOC# #2010cv32 Hardeman County Circuit Filed: 8-2-10 Plaintiff has filed a complaint in the Circuit Court of Hardeman County but there has been no service or summons issued. Plaintiff alleges that while he was sleeping his mattress slide off the bunk. He sustained a cut above his right eye. He has sued for $75,000 in compensatory damages and $150,000 for punitive. Defendants are CCA and Joe Easterling January 3, 2011 Memorandum: HCCF Active Case Status Report 5 We were provided a copy of the plaintiffs complaint but there was no service of the complaint and we monitored. After discussions with the clerk, the Court ruled on plaintiffs indigent status and dismissed as to venue being proper in the claims commission. The plaintiff has not taken any further action to our knowledge. We have closed our file. LEAVELL, Eric #16662 TDOC # 291369 Hardeman County Chancery Filed: 3-5-09 The Plaintiff alleges that unnecessary use of force was used on him during a medical emergency. Defendants are Joe Easterling, Javoris Robertson, Danny Dodd and CCA This case is currently pending in State· Court. We have filed an Answer and have propounded written discovery to the Plaintiff and received his responses. We have recently received medical records that we requested from RCCF. We have taken the deposition of the Plaintiff We are drafting a motion for summary judgment. MITCHELL, Cedric TDOC #305984 #1:08-1295 U.S. Western District Court Filed: 11-21-2008 Plaintiff alleges he was retaliated against for filing a grievance and was left in handcuffs for over three hours. He claims that while he was in handcuffs in his cell he slipped and fell and knocked himself unconscious and cutting his head. The plaintiff sues for one million dollars. Defendants are Kenneth Williams and Caleb Mayhue Our Motion to Dismiss one of the served Defendant, Kenneth Williams, was granted by the Court for the Plaintiffs lack of prosecution and failure to respond to our motion. We have propounded written discovery to the Plaintiff, but did not receive responses. Accordingly, it was necessary for us to file a Motion to Compel with the Court. The Plaintiff has not responded to our discovery or the Motion to Compel, and we have yet to receive a ruling. Jam'Jarv 3, 2011 Memorandum: HCCF Active Case Status Report MORRIS, Kenny Ray #1:10-1068 TDOC #351122 6 U.S. Western District Filed: 3-19-2010 Plaintiff claims a denial of medical care. He asserts that he broke his finger in a basketball game at the facility, that he received x-rays, pain medications and was scheduled to see a doctor. After two months passed, he had not seen a doctor. By that time, his finger had healed improperly and it had to be re-broken and later required surgery. Nurse Lashon Conner is the only remaining named defendant in this matter, as Warden Easterling was dismissed. Plaintiff seeks pain and suffering damages along with loss of future wages. Defendants are L. Connor We are in the process of preparing a Motion for Summary Judgment addressing all of,the Plaintiffs claims and intend to have that filed soon. REED, Henry Joseph #17019 Hardeman County Chancery TDOC # 436754 Plaintiff alleges he is being denied the right to practice his Native American ceremonies. This matter is filed in the Chancery Court of Hardeman County and the State of Tennessee is also a named defendant. The plaintiff seeks injunctive relief and unspecified damages. Defendants are Joe Easterling, Danny Dodd, Rosie Kendrix and Michael Peterson We have filed an Answer and Motion to Dismiss and the Plaintiff has recently filed a response to our Motion to Dismiss. The State has also filed a motion to dismiss. It is our understanding that the plaintiff has been released from our facility and has been transferred to Wisconsin and therefore his claims are now moot in my opinion and will be filing a motion to dismiss with also the State. WATERS, Reginol TDOC #259758 #15949 Hardeman County Chancery Ct Filed: 9-27-06 January 3, 2011 Memorandum: HCCF Active Case Status Report 7 The plaintiff is alleging that we and the State undertook inappropriate action in requiring him to submit to a DNA test. The test was ordered by the court and was undertaken in a procedurally correct manner. Defendants are Glen Turner, Patsy Clark, Sandra Gates and Nina Moss After the Court of Appeals remanded the case for technical reasons that did not affect the grounds of our dismissal, the trial court entered a new order denying Plaintiffs motion to reconsider and dismissing his case. Plaintiff then :filed an objection with the Court of Appeals concerning the costs previously taxed against him. The Court of Appeals denied the relief he sought. The Court of Appeals then dismissed his appeal for his :filing an untimely notice of appeal. While plaintiff :filed a petition for writ of certiorari to the Tennessee Supreme Court, the Court denied immediately and therefore we have closed this file. WATERS, Reginol TDOC #259758 #07-02-0262 . Hardeman County Circuit Plaintiff has brought this action in the Hardeman County Circuit court alleging that his Constitutional rights were violated through the gathering of his DNA sample. Plaintiff seeks $400,000 in compensatory damages as well as punitive damages. Defendants are Patsy Clark, Sandra Gates, Nina Moss, Thomas Brea, Robert E. Woods and Sharhonda Crowder. After the trial court dismissed his case, Plaintiff :filed a motion to reconsider. The trial court still has not ruled on Plaintiffs motion. (It has been approximately two years since Plaintiff's motion was :filed). WILHITE, Calvin . #2:09-2196 U.S. Western District Court TDOC #103401 Plaintiff alleges that Defendants failed to protect him and violated his due process rights. Plaintiff claims that he was violently attached by another inmate and that Defendants January 3, 2011 Memorandum: HCCF Active Case Status Report 8 failed to maintain a safe environment and failed to supervise their employees. Plaintiff has sued for $1,000,000 in compensatory damages and unspecified injunctive relief Defendants are CCA, State ofTN, HCCF, Joe Easterling and Jermaine Hugeley Our Motion for Summary Judgment was granted. Plaintiff filed an appeal to the Sixth Circuit Court of Appeals and we have filed a Motion to Dismiss and are awaiting a ruling.