Opinion

Wright v. Fast Access Correctional Health Care

Court
District Court, M.D. Tennessee
Filed
Sep 9, 2025
Cited by
0 cases
Authority
More cited than 39.2%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

TYRELL WRIGHT #567066, )

)

Plaintiff, )

) NO. 3:24-cv-00726

v. )

) JUDGE CAMPBELL

FAST ACCESS CORRECTIONAL ) MAGISTRATE JUDGE

HEALTH CARE, ) FRENSLEY

)

Defendant.

MEMORANDUM OPINION AND ORDER

This is a pro se prisoner civil rights case filed by Tyrell Wright, an inmate of the Northeast

Correctional Complex in Mountain City, Tennessee. (Doc. No. 1).

Plaintiff has submitted an Application for Leave for Proceed In Forma Pauperis (“IFP

Application”). (Doc. No. 2). The Court must resolve the filing fee before moving to the required

screening of the prisoner complaint.

I. FILING FEE

Under the Prisoner Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(a), a prisoner

bringing a civil action may be permitted to file suit without prepaying the filing fee required by 28

U.S.C. § 1914(a). From a review of Plaintiff’s IFP Application and supporting documentation

(Doc. Nos. 2, 8), it appears that Plaintiff lacks sufficient financial resources from which to pay the

full filing fee in advance. Therefore, his IFP Application (Doc. No. 2) is GRANTED.

Under § 1915(b), Plaintiff nonetheless remains responsible for paying the full filing fee.

The obligation to pay the fee accrues at the time the case is filed, but the PLRA provides prisoner-

plaintiffs the opportunity to make a “down payment” of a partial filing fee and to pay the remainder

in installments. Accordingly, Plaintiff is hereby assessed the full civil filing fee of $350, to be paid

as follows:

(1) The custodian of Plaintiff’s inmate trust fund account at the institution where he now

resides is DIRECTED to submit to the Clerk of Court, as an initial payment, “20 percent of the

greater of – (a) the average monthly deposits to Plaintiff’s account; or (b) the average monthly

balance in Plaintiff’s account for the 6-month period immediately preceding the filing of the

complaint.” 28 U.S.C. § 1915(b)(1).

(2) After the initial filing fee is fully paid, the trust fund officer must withdraw from

Plaintiff’s account and pay to the Clerk of this Court monthly payments equal to 20% of all

deposits credited to Plaintiff’s account during the preceding month, but only when the amount in

the account exceeds $10. Such payments must continue until the entire filing fee is paid in full. 28

U.S.C. § 1915(b)(2).

(3) Each time the trust account officer makes a payment to this court as required by this

Order, he or she must print a copy of the prisoner’s account statement showing all activity in the

account since the last payment made in accordance with this Order and submit it to the Clerk along

with the payment. All submissions to the Court must clearly identify Plaintiff’s name and the case

number as indicated on the first page of this Order, and must be mailed to: Clerk, United States

District Court, Middle District of Tennessee, 719 Church Street, Nashville, TN 37203.

The Clerk of Court is DIRECTED send a copy of this Order to the administrator of inmate

trust fund accounts at the Bledsoe County Correctional Complex to ensure that the custodian of

Plaintiff’s inmate trust account complies with that portion of 28 U.S.C. § 1915 pertaining to the

payment of the filing fee. If Plaintiff is transferred from his present place of confinement, the

custodian of his inmate trust fund account MUST ensure that a copy of this Order follows Plaintiff

to his new place of confinement for continued compliance.

II. PLRA SCREENING OF THE COMPLAINT

The complaint is before the Court for an initial review pursuant to the Prison Litigation

Reform Act (“PLRA”), 28 U.S.C. §§ 1915(e)(2) and 1915A.

Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss any portion of a civil complaint

filed in forma pauperis that fails to state a claim upon which relief can be granted, is frivolous, or

seeks monetary relief from a defendant who is immune from such relief. Section 1915A similarly

requires initial review of any “complaint in a civil action in which a prisoner seeks redress from a

governmental entity or officer or employee of a governmental entity,” id. § 1915A(a), and

summary dismissal of the complaint on the same grounds as those articulated in Section

1915(e)(2)(B). Id. § 1915A(b).

The court must construe a pro se complaint liberally, United States v. Smotherman, 838

F.3d 736, 739 (6th Cir. 2016) (citing Erickson v. Pardus, 551 U.S. 89, 94 (2007)), and accept the

plaintiff’s factual allegations as true unless they are entirely without credibility. See Thomas v.

Eby, 481 F.3d 434, 437 (6th Cir. 2007) (citing Denton v. Hernandez, 504 U.S. 25, 33 (1992)).

Although pro se pleadings are to be held to a less stringent standard than formal pleadings drafted

by lawyers, Haines v. Kerner, 404 U.S. 519, 520–21 (1972); Jourdan v. Jabe, 951 F.2d 108, 110

(6th Cir. 1991), the courts’ “duty to be ‘less stringent’ with pro se complaints does not require us

to conjure up [unpleaded] allegations.” McDonald v. Hall, 610 F.2d 16, 19 (1st Cir. 1979) (citation

omitted).

A. Section 1983 Standard

Plaintiff brings his claims under 42 U.S.C. § 1983 which creates a cause of action against

any person who, acting under color of state law, abridges “rights, privileges, or immunities secured

by the Constitution and laws . . . .” To state a claim under Section 1983, a plaintiff must allege

and show two elements: (1) that he was deprived of a right secured by the Constitution or laws of

the United States; and (2) that the deprivation was caused by a person acting under color of state

law. Dominguez v. Corr. Med. Servs., 555 F.3d 543, 549 (6th Cir. 2009) (quoting Sigley v. City of

Panama Heights, 437 F.3d 527, 533 (6th Cir. 2006)); 42 U.S.C. § 1983.

B. Facts Alleged in the Complaint

The allegations of the complaint are assumed true for purposes of the required PLRA

screening.

On June 2, 2023, Plaintiff was a pretrial detainee in the custody of the Sumner County Jail.

After an attack by unidentified individuals, a member of Defendant’s nursing staff made an

incision on the back of Plaintiff’s head “but was not authorized to do so.” (Doc. No. 1 at 5). The

nurse put a “bandaid” on the incision, but the incision started to “bleed out” later. (Id.) An officer

took Plaintiff back to the medical area where an unidentified person “stitch[ed] the open cut

close[d].” (Id.)

The complaint alleges that Defendant was negligent and requests $150,000 for Plaintiff’s

scar and “uncontrollable” headache. (Id.)

C. Analysis

Plaintiff brings this action pursuant to 42 U.S.C. § 1983. The statute of limitations for a

Section 1983 action is the “state statute of limitations applicable to personal injury actions under

the law of the state in which the § 1983 claims arise.” Eidson v. Tenn. Dep’t of Children’s Servs.,

510 F.3d 631, 634 (6th Cir. 2007). The limitations period for Section 1983 actions arising in

Tennessee is the one-year limitations provisions found in Tennessee Code Annotated § 28-3-

104(a). Porter v. Brown, 289 F. App’x 114, 116 (6th Cir. 2008). “[T]he accrual date of a § 1983

cause of action is a question of federal law that is not resolved by reference to state law.” Wallace

v. Kato, 549 U.S. 384, 388 (2007). Claims accrue and the statute of limitations period begins to

run when the plaintiff knows or has reason “to know of the injury which is the basis of his action.”

Roberson v. Tenn., 399 F.3d 792, 794 (6th Cir. 2005). This inquiry is objective, and courts look

“to what event should have alerted the typical layperson to protect his or her rights.” Hughes v.

Vanderbilt Univ., 215 F.3d 543, 548 (6th Cir. 2000). It is the Court’s responsibility to “determine

whether the alleged precipitating event or events occurred more than a year before [the plaintiff]

filed the complaint.” Standridge v. Tenn. Dep’t of Children’s Servs., No. 3:08-CV-133, 2009 WL

348782, at *7 (E.D. Tenn. Feb. 10, 2009).

Here, Plaintiff filed his complaint on June 5, 2024.1 (See Doc. No. 1 at 11). Because the

alleged precipitating event (the incision) occurred over one year before Plaintiff filed his complaint

(on June 2, 2024), and because Plaintiff was aware of his claimed injuries at the time of the event,

Plaintiff’s claims concerning the event are barred by the governing statute of limitations for

Section 1983 claims.

Even if Plaintiff had filed this lawsuit within the governing statute of limitations, the case

would still be subject to dismissal, however. Plaintiff alleges that Defendant committed “medical

1 Under the “prison mailbox rule” of Houston v. Lack, 487 U.S. 266, 270 (1988), and the Sixth

Circuit’s subsequent extension of that rule in Richard v. Ray, 290 F.3d 810, 812 (6th Cir. 2002)

and Scott v. Evans, 116 F. App’x 699, 701 (6th Cir. 2004), a prisoner’s legal mail is considered

“filed” when he deposits his mail in the prison mail system to be forwarded to the Clerk of Court.

Pursuant to this authority, the Court finds that Plaintiff filed his complaint on June 5, 2024, the

date he signed the petition, even though the Clerk of Court received and docketed the petition on

June 13, 2024.

negligence.” (Doc. No. 1 at 3). The Eighth Amendment’s prohibition against cruel and unusual

punishment requires prison officials to provide humane conditions of confinement, which includes

appropriate medical care to inmates. Farmer v. Brennan, 511 U.S. 825, 832-33 (1994) (citations

omitted). The Due Process Clause of the Fourteenth Amendment incorporates these protections

for pretrial detainees such as Plaintiff. Winkler v. Madison Cnty., 893 F.3d 877, 890 (6th Cir.

2018). An Eighth Amendment claim is composed of two parts: an objective prong, which requires

plaintiff to show a “sufficiently serious” deprivation, and a subjective prong, which requires a

showing of a sufficiently culpable state of mind—one of deliberate indifference. Farmer, 511 U.S.

825, 834, 837. Deliberate indifference is “a high standard of culpability, ‘equivalent to criminal

recklessness.’” Greene v. Crawford Cnty., Mich., 22 F.4th 593, 605 (6th Cir. 2022) (quoting

Griffith v. Franklin Cnty., Kentucky, 975 F.3d 554, 566 (6th Cir. 2020)).

Until recently, the Sixth Circuit “analyzed Fourteenth Amendment pretrial detainee claims

and Eighth Amendment prisoner claims ‘under the same rubric.’” Greene, 22 F.4th 593 at 605 (6th

Cir. 2022) (quoting Brawner v. Scott Cnty., Tenn., 14 F.4th 585, 591 (6th Cir. 2021) (citation

omitted). But in Kingsley v. Hendrickson, 576 U.S. 389 (2015), the Supreme Court held that the

standard for excessive force claims brought by pretrial detainees under the Due Process Clause of

the Fourteenth Amendment differs from the standard for excessive force claims brought by

convicted prisoners under the Cruel and Unusual Punishments Clause of the Eighth Amendment.

Id. at 391-92. The Court held that, to prove the second prong of an excessive force claim, a pretrial

detainee must show that “the officers were subjectively aware that their use of force was

unreasonable, or only that the officers’ use of that force was objectively unreasonable.” Id. at 391-

92 (italics in original).

Kingsley left open the question of “whether an objective standard applies in other

Fourteenth Amendment pretrial detainment context[s].” Brawner, 14 F.4th at 592. Finding that it

was “no longer tenable” after Kingsley to apply the same analysis to the “constitutionally different

groups” of convicted prisoners and pretrial detainees, the Sixth Circuit in “Brawner modified the

second prong of the deliberate indifference test applied to pretrial detainees to require only

recklessness[.]” Id. at 592, 596. Thus, under Brawner, to prove a deliberate indifference to serious

medical needs claim under the Fourteenth Amendment, “‘[a] pretrial detainee must prove more

than negligence but less than subjective intent—something akin to reckless disregard.’” Brawner,

14 F.4th at 597 (6th Cir. 2021) (quoting Castro v. County of Los Angeles, 833 F.3d 1060, 1071

(9th Cir. 2016) (en banc)). He or she must prove that the defendant acted “deliberately (not

accidentally), [and] also recklessly in the face of an unjustifiably high risk of harm that is either

known or so obvious that it should be known.” Id. (citation and quotation marks omitted).

Subsequently, the Sixth Circuit decided Trozzi v. Lake Cnty., 29 F.4th 745 (6th Cir. 2022), which

articulated the modified standard as follows:

[A] plaintiff must satisfy three elements: (1) the plaintiff had an objectively serious

medical need; (2) a reasonable officer at the scene (knowing what the particular jail

official knew at the time of the incident) would have understood that the detainee’s

medical needs subjected the detainee to an excessive risk of harm; and (3) the prison

official knew that his failure to respond would pose a serious risk to the pretrial

detainee and ignored that risk.

Id. at 757. The Court pointed out that this standard still “ensur[es] that there is a sufficiently

culpable mental state to satisfy the [ ]high bar[ ] for constitutional torts grounded in a substantive

due process violation.” Id. at 758. A showing of “mere negligence is insufficient.” Id. at 753 (citing

Brawner, 14 F.4th at 596).

Here, the complaint alleges that a member of Defendant’s medical staff acted negligently.

The allegations do not meet the standard set forth in Brawner and Trozzi.’ Thus, the complaint,

even if it had been timely filed, does not state a Section 1983 claim upon which relief can be

granted.

IH. CONCLUSION

Having conducted the screening required by the PRLA, the Court finds that Plaintiff's

Section 1983 claim was filed outside the governing statute of limitations and therefore must be

dismissed. Alternatively, the allegations of the complaint fail to state a claim upon which relief

can be granted via Section 1983. Accordingly, this action is therefore DISMISSED.

Because an appeal would not be taken in good faith, Plaintiff is not certified to pursue an

appeal from this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).

This is the final Order denying all relief in this case. The Clerk SHALL enter judgment.

Fed. R. Civ. P. 58(b).

It is so ORDERED. Ve

WILLIAM L. CAMPBELL, JI&

CHIEF UNITED STATES DISTRICT JUDGE

> Moreover, the complaint only names Fast Access Correctional Health Care, the entity presumably

responsible for providing medical care to Sumner County Jail inmates. The complaint does not

name the Fast Access Correctional Health Care Nurse who allegedly made the incision about

which Plaintiff complains. Because Defendant Fast Access Correctional Health Care performs a

traditional state function in providing medical care to inmates, it acts under color of state law and

may be sued under Section 1983. Hicks v. Frey, 992 F.2d 1450, 1458 (6th Cir. 1993). For

Defendant to be liable under Section 1983, Plaintiff must allege that there is a direct causal link

between a policy or custom of Defendant and an alleged constitutional violation. See Monell, 436

U.S. 658, 691. In other words, Defendant may be liable under Section 1983 “if its official policies

or customs resulted in injury to the plaintiff.” O’Brien v. Mich. Dep’t of Corr., 592 F. App’x 338,

341 (6th Cir. 2014); see also Mason v. Doe, No. 3:12CV-P794-H, 2013 WL 4500107, at *1 (W.D.

Ky. Aug. 21, 2013) (collecting cases) (“a private corporation may be liable under § 1983 when an

official policy or custom of the corporation causes the alleged deprivation of a federal right”). The

complaint here does not allege the existence of any relevant official policies or customs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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