5,2011

Memorandum: HCCF Active Case Status 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.

Memorandmn
Date: April 5, 2011
To:

Ms. Machelle Brush

Cc:

Ms. Erika Cotton & Ms. Ann Parker - CCA

From: Pentecost & Glenn, PLLC
Melissa Tart - Legal Assistant
RE:

HCCF Active Case Status Report

ANDERSON, Steven
TDOC #230640

#1:10-1029

u.S. Western District
Filed: 2-5-10

Plaintiff filed a Complaint in District Court alleging interference with his alleged
religious freedom and some type of allegations as to his received discipline.
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
#16958
Hardeman Co. Chancery
TDOC #374857
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.

'H~rllJ~J'II3,

2011

2

Memorandum: HCCF Active Case Status Report

Defendant is RCCF
This matter was settled, with the facility crediting $40.00 to the inmate's trust account
and CCA being responsible for the court costs. An order dismissing this case was entered
and we will now close this file.

BAKER, Harvey
TDOC #348018

#09-1143

U.S. Western District
Filed: 6-29-09

Plaintiff has filed a complaint in District Court alleging deliberate indifference to his
. medical needs arising from treatment he received for a hernia.
Defendants are Dr. Crismaru and Barbara Buford
We have filed an answer to Plaintiffs complaint and have reviewed the extensive
medical records of the plaintiff. We have engaged in some limited discovery with
Plaintiff based upon certain terms of the scheduling order. We are now in the process of
filing the motion for summary judgment.

BANKS, Danny
TDOC #221910

#1:08-1058

U.S. Western District
Filed: 3-17-08

Plaintiff filed a Complaint in District Court alleging denial of medical care and deliberate
indifference by Dr. Stipanuk and numerous employees of RCCF. Plaintiffs alleged
claims relate to his Multiple Sclerosis and the medication that he claims he is to receive
for his MS condition. Re seeks $250,000.00 in compensatory damages and $500,000.00
in punitive damages
Defendants are Gerald Stipanuk, Barbara Bufford, Joe Easterling, Rosie Kendrix, Donna
White, TDOC, George Little
Our Motion for Summary Judgment was recently granted by Judge Todd. We obtained
summary judgment as to all of the Plaintiffs claims. The Plaintiffs time to appeal this
decision concludes during the first week of April and ifthere is no Notice of Appeal, we
will close this file at that time.

:./RrJIJRIV3,2011

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.
ERVIN, Bobby

#17193

TDOC #143371

Hardeman Co. Chancery Ct.
Filed: 1-6-11

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 Joe Easterling and James Ester
We have filed a motion to dismiss Plaintiffs claims as a result of them being filed
untimely. This motion is set to be heard on April 12, 2011 in the Chancery Court of
Hardeman Co.
GARDNER, Ricky
TDOC#

#11-1062

u.s. Western District Ct.
Filed: 3-14-11

The representatives of the deceased inmate have brought a cause of action in Federal

,January 3, 2011

4

Memorandum: HCCF Active Case Status Report

Court alleging a wrongful death action under civil rights and negligence. The allegations
are that we failed to 'protect the decedent fromhis cellmate who killed by strangulation.
Defendants are CCA, Joe Easterling and HCCFC
We have just received this file and are beginning in our investigation. The plaintiffs
allege violations both as to the underlying facts and the policies and procedures.
HALE, Derrick

#10-1113

TDOC #287105

u.s. Western District Ct
Filed: 5-12-10

Plaintiff was stabbed by another inmate and brought suit against several

ind~viduals,

as

well as the TDOC and CCA. On its initial reviewing order, the Court dismissed the
TDOC, CCA and Medical Director Burford. Plaintiff claims Classification Coordinator
Swinea should have known of the risk of harm by housing Inmate James Thweatt near
Plaintiff He also alleges failure to protect claims against CIOs Spencer and Leigh. He
also claims inadequate medical care against Dr. Crismaru and that Warden Easterling
denied him certain treatments.
Defendants are Joe Easterling, Raye Swinea, B. Leigh, Tommy Spencer and Dr.
Crismaru
We have filed a motion for extension and are preparing a responsive pleading.
HARLAN, Marcellas

#04-1218

TDOC #211002

u.s. Western District Ct
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 CIO
Robertson. All claims and other defendants, including CCA, have been dismissed by the
review order of the Court.
Defendants are Shirley Robertson
We have filed an Answer in this matter and propounded discovery to the Plaintiff. The
non-jury trial has been set for January 9,2012.

January 3, 2011

Memorandum: HCCF Active Case Status Report

LEAVELL, Eric
TDOC # 291369

#16662

5

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 took the deposition of the Plaintiff and
filed a motion for summary which is set for hearing on April 20, 2011. Mike Hill
represents the individual officer, who is a co-Defendant.

MITCHELL, Cedric

#1:08-1295

TDOC #305984

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, we have filed a Motion to Compel with the Court. The Plaintiff has failed
to respond to our discovery or the Motion to Compel, and we have yet to receive a ruling.
This matter has been set for a non-jury trial on January 17,2012. We will proceed with a
Motion for Summary Judgment prior to that time and will further pursue our Motion to
Compel ifthe Plaintiff fails to comply with the Court's eventual orders.

MORRIS, Kenny Ray
TDOC #351122

#1:10-1068

u.S. Western District
Filed: 3-19-2010

January 3, 2011

Memorandum: HCCF Active Case Status Report

Plaintiff claims a denial of medical care.

6

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 finalizing a Motion for Summary Judgment concerning the Plaintiffs claims that
will be filed by mid-April. Written discovery has been completed and this case is
current!y set for trial for August 1, 2011.
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.
unspecified damages.

The plaintiff seeks injunctive relief and

Defendants are Joe Easterling, Danny Dodd, Rosie Kendrix and Michael Peterson
Our motion to dismiss has been granted and we are currently wanting for the appeals time
to pass prior to closing the file. We have learned of a companion case of this inmate and
others but yet it is still being reviewed by the pro se litigation review panel since it is
filed in Federal Court.

WATERS, Reginol

#07-02-0262

Hardeman County Circuit

TDOC #259758

Plaintiff has brought this action in the Hardeman County Circuit court alleging that his

January 3, 2011

Memorandum: HCCF Active Case Status Report

7

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
Plaintiffs 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
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 of TN, HCCF, Joe Easterling and Jermaine Hugeley
Our Motion for Summary Judgment was granted. Plaintiff filed an appeal to the Sixth
Circuit Court of Appeals. We filed a motion to dismiss the appeal because there is no
final, appealable judgment, as the case is still pending against the co-Defendant. The
Court of Appeals granted our motion to dismiss in early January 2011. Co-Defendant
Jermaine Hughey (who attacked Wilhite) filed a motion to dismiss (that was remarkably
similar to CCA's motion to dismiss), and that motion has been pending since November
2010. Until that motion is ruled on, we do not have. a final appealable order and are thus
left to monitor this case.