Petition for Writ of Certiorari — Johnnie Demond Jackson, Petitioner v. Kevin R. Sproul, Sheriff, Dougherty County, Georgia, et al.

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USGA11 Case: 22-13577

Document: 47-1

Date Filed: 08/09/2023

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No. 22-13577

Non-Argument Calendar

JOHNNIE DEMOND JACKSON,

Plaintiff-Appellant,

versus

SHERIFF KEVIN R. SPROUL,

LT CARLA WATSON,

PHOEBE PUTNEY HOSPITAL,

NURSE AUDREY JOINER,

NURSE LYNN MONTGERARD,

Defendants-Appellees,

CPT JERROMA WILLIAMS, et al.,

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•

USCA11 Case: 22-13577

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22-13577

Opinion of the Court

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Page: 2 of 5

Defendants.

Appeal from the United States District Court

for the Middle District of Georgia

D.C Docket No. l:21-cv-00028-LAG-TQL

Before JORDAN, NEWSOM, and ABUDU, Circuit Judges.

PER CURIAM:

Johnnie Jackson, proceeding pro se, appeals the district

court’s order granting summary judgment in favor of Sheriff Kevin

Sproul, Shirley Adams, Carla Watson, and Dominique Kendricks

(collectively the "jail officers”), as well as in favor of Phoebe Putney

Memorial Hospital ("PPMH”), Lynn Montgerard, Audrea Joiner,

Escolethia Miller, and Sherryl Haugabrook (collectively the “medical providers”), on his 42 U.S.C. § 1983 claims. After responding

to the motions for summary judgment, Mr. Jackson filed motions

to supplement the record, which the district court denied. On ap­

peal Mr. Jackson argues that the court erred in granting summary

judgment for the jail officers and medical providers on his § 1983

claims alleging deliberate indifference as to food and medical

needs, denial of access to mail, failure to train nurses, and retalia­

tion. He also contends that the court erred in denying his motion

to supplement the record, pursuant to Fed. R. Civ. P. 15.

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r

22-13577

Opinion of the Court

3

We review de novo a district court’s grant of summary judg­

ment and construe all facts and draw all reasonable inferences in

favor of the non-moving party. See Burton v. Tampa Hous. Auth.,

271 F.3d 1274, 1276-77 (11th Cir. 2001). We review the denial of a

motion to supplement for abuse of discretion. See Shipner v. E. Air

Lines, Inc., 868 F.2d 401, 407 (11th Cir. 1989).

A party who fails to object to a magistrate judge’s findings

or recommendations contained in a report and recommendation in

accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the

right to challenge on appeal the district court’s order based on unobjected-to factual findings and legal conclusions, if the party was

informed of the time period for objecting and the consequences on

appeal for failing to object. See 11th Cir. R. 3-1. However, in the

absence of a proper objection we may review the issue for plain

error if necessary in the interests ofjustice. See id.

Pro se pleadings are held to a less stringent standard than at­

torney-drafted pleadings and are, therefore, liberally construed. See

Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998).

The leniency afforded pro se litigants with liberal construction does

not give a court license to act as de facto counsel or permit it to re­

write an otherwise deficient pleading to sustain an action. Campbell

v. Air Jamaica Ltd., 760 F.3d 1165,1168-69 (11th Cir. 2014). [Ijssues

not briefed on appeal by a pro se litigant are deemed abandoned.”

Timsonv. Sampson, 518 F.3d 870, 874 (11th Cir. 2008) (citation omit­

ted). An appellant fails to adequately brief a claim when he does

not "plainly and prominendy raise it.” Sapuppo v. Allstate Floridian

3cl-^

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Opinion of the Court

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5

(11th Cir. 1987) (same); Farina v. Mission Inv. Tr., 615 F.2d 1068,

1076 (5th Cir. 1980) (same).

Here, the district.court did not abuse its discretion in deny­

ing Mr. Jackson's motions to supplement the record because he

failed to show excusable neglect. He did not, for example, explain

why he was unable to submit his evidence with his declarations.

Further, Fed. R. Civ. P. 15(d) is inapplicable because summary

judgment motions are not pleadings. See Fed. R. Civ. P. 7(a).

AFFIRMED.

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USCA11 Case: 22-13577

Document: 56-2

Date Filed: 12/15/2023

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No. 22-13577

JOHNNIE DEMOND JACKSON,

Plaintiff-Appellant,

versus

SHERIFF KEVIN R. SPROUL,

LT CARLA WATSON,

PHOEBE PUTNEY HOSPITAL,

NURSE AUDREY JOINER,

NURSE LYNN MONTGERARD.

Defendants-Appellees,

CPT JERROMA WILLIAMS, et al.,

Defendants.

A

^

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x.

Order of the Court

2

22-13577

Appeal from the United States District Court

for the Middle District of Georgia

D.C. Docket No. l:21-cv-00028-LAG-TQL

ON PETITION(S) FOR REHEARING AND PETITION(S) FOR

REHEARING EN BANC

Before Jordan, Newsom, and Abudu, Circuit Judges.

PER CURIAM:

The Petition for Rehearing En Banc is DENIED, no judge in

regular active service on the Court having requested that the Court

be polled on rehearing en banc. FRAP 35. The “Motion for Recon­

sideration,” construed as a Petition for Panel Rehearing, is

DENIED. FRAP 35, IOP 2.

9,-fA

Case l:21-cv-00028-LAG-TQL Document 227 Filed 09/14/22 Page lot 4

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

ALBANY DIVISION

JOHNNIE DEMOND JACKSON,

Plaintiff,

CASE NO.: L21-CV-28 (LAG) (TQL)

v.

SHERIFF KEVIN R. SPROUL, et al.,

Defendants.

ORDER

Before the Court are the Magistrate Judge’s Reports and Recommendations (R&Rs)

issued on August 2 and 4, 2022 (Docs. 223, 224), and Plaintiffs Objections to each R&R

(Docs. 225, 226). For the reasons below, Plaintiffs Objections (Docs. 225, 226) are

OVERRULED, and the R&Rs (Docs. 223, 224) are ACCEPTED and ADOPTED.

BACKGROUND

Pro se Plaintiff Johnnie Demond Jackson initiated this 42 U.S.C. § 1983 action on

February 10, 2021, alleging that his constitutional rights were violated during his pretrial

detention at the Dougherty County Jail. (Doc. 1). Plaintiff brings claims against Sherriff

Kevin Sproul, Lt. Shirley Adams, Lt. Carla Watson, Lt. Dominique Kendricks (the County

Defendants), Nurses Escolethia Miller, Lynn Montgerard, Audrea Joiner, Sherryl

Haugabrook, and Phoebe Putney Memorial Hospital (the Hospital Defendants). The

County Defendants filed a Motion for Summary Judgment on January 19, 2022.

(Doc. 153). The Hospital Defendants filed a separate Motion for Summary Judgment on

January 27, 2022. (Doc. 156). On August 2, 2022, the Magistrate Judge issued the first

R&R, recommending that the Court grant the County Defendants’ Motion in its entirety.

(Doc.223 at 18). The Magistrate Judge issued the second R&R on August4, 2022,

recommending that the Court also grant the Hospital Defendants’ Motion in its entirety.

(Doc. 224 at 14). Plaintiff timely filed Objections to both R&Rs. (Docs. 225, 226).

Case l:21-cv-00028-LAG-TQL Document 227 Filed 09/14/22 Page 2 of 4

STANDARD OF REVIEW

District courts have a “duty to conduct a careful and complete review” to determine

“whether to accept, reject, or modify” a magistrate judge’s order and recommendations.

Williams v. Wainwright, 681 F.2d 732,732 (11th Cir. 1982) (per curiam) (citation omitted).

The Court reviews de novo dispositive portions of the R&Rs to which Plaintiff objects. 28

U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Unobjected-to portions of the R&Rs and

non-dispositive orders are reviewed for clear error. See 28 U.S.C. § 636(b)(1)(A); Fed. R.

Civ. P. 72(a). A party objecting to an R&R “must clearly advise the district court and

pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565

F.3d 1353, 1360 (11th Cir. 2009) (per curiam). But when an objection is “[fjrivolous,

conclusive, or general,” the Court need not consider it. Id. at 1361 (citation omitted).

DISCUSSION

In his Objection to the first R&R, Plaintiff objects to the Magistrate Judge’s

recommendation that the Court grant summary judgment on his deliberate indifference

claim against Defendant Kendricks. (Doc. 226 at 1). After reviewing Plaintiffs sworn

declaration, Defendant Kendricks’ affidavit, and Plaintiffs medical records, the Magistrate

Judge concluded that, “[vjiewing the facts in the light most favorable to Plaintiff as the

nonmoving party, Plaintiff was seen in the medical department by a nurse on July 15,2020,

after suffering an injury to his left arm.” (Doc. 223 at 16-17). Although “[x]-rays and a

doctor’s visit were to be scheduled thereafter,” Plaintiff “did not receive x-rays of his arm

until weeks later.” (Id. at 17). Defendant Kendricks claimed that when he came to

Plaintiffs cell to take him to the follow-up appointment with medical during the afternoon

of July 15,2020, Plaintiff refused to walk to the back of his cell and kneel for the placement

of handcuffs and leg irons, which were required due to Plaintiff “caus[ing] so many

disruptions” in the jail. (Doc. 153-6

4-5). After Plaintiff refused a second order from

Defendant Kendricks, Defendant Kendricks “spoke with the nurse on duty [and]

explained] that Plaintiff refused to cooperate, so he would not be taken to medical” at that

time. (Id. ffl] 6-7). Plaintiff disputed Defendant Kendricks’ account, asserting that, after his

initial morning visit to medical, “no one came to say anything to me about anything having

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anything whatsoever to do with medical.” (Doc. 166 at 6). Thus, crediting Plaintiffs

version of events, Plaintiff “did not refuse medical treatment on July 15, 2020, and no jail

personnel spoke to him about returning to medical that day.” (Doc. 223 at 17). Plaintiff

noted Defendant Kendricks’ rank and position as “Building Supervisor” and asserted that

Defendant Kendricks “was responsible for getting [him] to medical.” (Doc. 166 at 6). The

Magistrate Judge found that this supposition was not sufficient “to establish that Defendant

Kendricks was aware of yet disregarded a serious medical condition or worsening of

Plaintiffs condition.” (Doc. 223 at 17). Accordingly, the Magistrate Judge correctly held

that Plaintiff had not established that Defendant Kendricks was deliberately indifferent to

Plaintiffs serious medical condition. (See id.).

In his Objection, Plaintiff first argues that he “provided proof of a fracture in his

elbow [that was] more than de minimis.” (Doc. 226 at 1). He also contends that he was

“scheduled for medical x rays and a physician visit and it never came nor was [he]

notified.” (Id.). Neither of Plaintiffs arguments address the reasons why the Magistrate

Judge concluded that Plaintiff failed to show Defendant Kendricks violated his

constitutional rights. The Magistrate Judge did, in fact, accept that Plaintiffs injured arm

was a serious medical need, but he found that Plaintiff did not show that Defendant

Kendricks knew or should have known “of any condition suffered by Plaintiff that required

additional medical attention.” (Doc. 223 at 17). Plaintiff does not address this failing in his

Objection. Furthermore, Plaintiff did not show that any delay in treatment exacerbated his

injury or caused additional complications, as required to show a constitutional violation

based on a delay in medical treatment. See Visage v. Woodall, 798 F. App’x 406,410 (11th

Cir. 2020) (per curiam) (citing Taylor v. Adams, 221 F.3d 1254,1259-60 (11th Cir. 2000)).

Thus, Plaintiff has failed to establish a genuine issue of material fact remains as to

Defendant Kendricks’ deliberate indifference to his serious medical need.

In the Objection to the Magistrate Judge’s second R&R regarding the Hospital

Defendants’ Motion for Summary Judgment, Plaintiff asserts that he “has provided clear

and convincing evidence ... to deny summary judgment” and that he “objects on the

grounds of [ijmpertenant, redundant and scandal” as to each of his claims against the

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Hospital Defendants. (Doc. 225 at 1-2). Plaintiff argues that “a specialist Dr. Womack and

his associate found a fracture in [Plaintiffs] elbow as is in evidence with this Honorable

Court,” so “the [Hospital] [Defendants should not be granted summary judgment in this

case and this case should go to [j]ury [t]rial.” (Id. at 2). Again, Plaintiffs Objection does

not address the Magistrate Judge’s reasoning and fails to explain how any aspect of the

R&R is factually or legally incorrect. The Magistrate Judge explained that “if, as Plaintiff

asserts, neither Defendant Miller nor Joiner were told Plaintiff refused additional treatment

and neither of these Defendants saw Plaintiff after his initial visit on July 15, 2020, neither

Defendant could have been aware of any worsening condition or ongoing need for medical

attention.” (Doc. 224 at 9). The Magistrate Judge also found that Plaintiff “failed to

establish that any delay in treatment exacerbated his conditions.” (Id.). The Court therefore

finds the Magistrate Judge correctly determined that Plaintiff failed to establish a deliberate

indifference claim against the Hospital Defendants.

Plaintiff does not object to the remaining portions of the Magistrate Judge’s R&Rs.

Accordingly, the Court has reviewed the rest of the R&Rs for clear error and finds none

therein. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a).

CONCLUSION

Upon a careful and complete review of the record, the Court finds that the

Magistrate Judge’s findings and conclusions are supported by substantial evidence and that

the correct legal standards were applied. Accordingly, Plaintiffs

Objections

(Docs. 225,226) are OVERRULED, and the Magistrate Judge’s Reports and

Recommendations (Docs. 223, 224) are ACCEPTED and ADOPTED as the Orders of

the Court. The County Defendants’ Motion for Summary Judgment (Doc. 153) and the

Hospital Defendants’ Motion for Summary Judgment (Doc. 156) are GRANTED.

SO ORDERED, this 14th day of September, 2022.

/s/ Leslie A. Gardner

LESLIE A. GARDNER, JUDGE

UNITED STATES DISTRICT COURT

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WU-"

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

ALBANY DIVISION

JOHNNIE DEMOND JACKSON,

Plaintiff,

VS.

1 : 21-CV-28 (LAG)

SHERIFF KEVIN SPROUL, et al.,

Defendants.

■f

1

ORDER and RECOMMENDATION

Pending is a Motion for Summary Judgment filed on behalf of Defendants

Montgerard, Joiner, Miller, Haugabrook, and Phoebe Putney Memorial Hospital, and

Plaintiffs Motion for Settlement Conference. (Docs. 156, 221). Plaintiff was notified of

the filing of Defendants’ Motion for Summary Judgment, advised of his obligations

under the law, and directed to respond thereto within thirty (30) days. (Doc. 159).

Plaintiff has responded to Defendants’ motion. (Doc. 169). Defendants have filed a reply.

(Doc. 184).

RECOMMENDATION

Plaintiff filed this action in February 2021, and several of Plaintiff s pending cases

were ordered consolidated into this action. (Doc. 1); Jackson v. Dougherty County Jail, et

al., No. 1 : 20-CV-198 (M.D.Ga.)(LAG); Jackson v. Trent, et al., No. 1 : 21-CV-08

(M.D.Ga.)(LAG); Jackson v. Dougherty County Georgia, et al., No. 1 : 20-CV-249

(M.D.Ga.)(LAG); Jackson v. Adams, et al., No. 1 : 21-CV-09 (M.D.Ga.)(LAG). The

Court directed Plaintiff to file a recast Complaint on the proper form, along with a

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complete motion to proceed in forma pauperis, and Plaintiff ultimately complied with

this directive. (Docs. 8, 27). The Court granted Plaintiffs Motion to Proceed in forma

pauperis and allowed certain claims to go forward by Order dated May 26, 2021. (Doc.

34). Based on Plaintiffs subsequent objection, which was construed to be a motion to

amend his complaint, the Court withdrew its May 26, 2021 Order and Recommendation

and issued a new Order and Recommendation, granting Plaintiffs Motion to Amend.

(Doc. 59). All motions to amend filed prior to the June 4, 2021 Amended Complaint were

denied as moot, and the June 4, 2021 Amended Complaint was deemed the operative

complaint. (Docs. 8, 39, 59, 74). The Court allowed certain claims to go forward, and

after the adoption of the Recommendation issued on November 9, 2021 and the dismissal

of certain claims based on a lack of exhaustion, the following claims remain pending:

• Failure to provide adequate medical treatment against Defendants

Miller, Joiner, and Kendrick

• First Amendment mail interference claims against Defendants Adams

and Watson

• Conditions of confinement claims against Defendant Sproul

pertaining to the provision of inadequate nutrition

• Retaliation claims against Defendants Miller, Montgerard, and

Haugabrook (identified as “Haugabrooks” in Plaintiffs Amended

Complaint)

• Claims concerning the alleged failure to provide adequate medical

treatment against Phoebe Putney Memorial Hospital

(Docs. 129, 202).

Defendants Ostrander, Green, Trent, Gilbert, and Boges were dismissed by Order dated

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March 2, 2022. (Doc. 202).

BACKGROUND

Plaintiffs claims arise out of events occurring during his confinement as a pretrial

detainee at the Dougherty County Jail beginning on or about July 14, 2020. In the claims

that remain and pertain to the Defendants on whose behalf this summary judgment is

brought, Plaintiff alleges that Defendants Miller and Joiner were deliberately indifferent

to Plaintiffs medical needs regarding his elbow, that Defendants Montgerard, Miller, and

Haugabrook retaliated against Plaintiff for requesting medical treatment by instructing

other officers to issue Plaintiff a disciplinary report, and that Phoebe Putney Memorial

Hospital has a policy of providing substandard care to inmates of the Dougherty County

Jail, and/or has failed to adequately train or supervise medical professionals contracted to

provide care at the jail. (Doc. 59).

ANALYSIS

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the “court shall grant

summary judgment if the movant shows that there is no genuine dispute as to any

material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.

56(a).

A party asserting that a fact cannot be or is genuinely

disputed must support the assertion by:

(A) citing to particular parts of materials in the record,

including depositions, documents, electronically stored

information, affidavits or declarations, stipulations (including

those made for purposes of the motion only), admissions,

interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the

absence or presence of a genuine dispute, or that an adverse

party cannot produce admissible evidence to support the fact.

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Fed. R. Civ. P. 56(c)(1).

As the parties moving for summary judgment, Defendants have the initial burden to

demonstrate that no genuine issue of material fact remains in the case. Celotex Corp. v.

Catrett, All U.S. 317, 325 (1986); Clark v. Coats & Clark, Inc., 929 F.2d 604 (11th Cir.

1991). The movant “always bears the initial responsibility of informing the district court

of the basis for its motion, and identifying those portions of the record, including

pleadings, discovery materials, and affidavits, which it believes demonstrate the absence

of a genuine issue of material fact.” Celotex, All U.S. at 323. “If a party fails to properly

support an assertion of fact or fails to properly address another party’s assertion of fact as

required by Rule 56(c), the court may ... grant summary judgment if the motion and

supporting materials - including the facts considered undisputed - show that the movant is

entitled to it.” Fed. R. Civ. P. 56(e)(3). Defendants have supported their motion with their

affidavits, portions of Plaintiff s medical records, and discovery documents. (Docs. 1563-156-11).

1. Defendants Miller and Joiner - medical treatment

In the deliberate indifference to a serious medical need claim that was allowed to

proceed against Defendants Miller and Joiner, Plaintiff states that these Defendants

falsified medical records to show that Plaintiff refused x-rays for his arm. (Doc. 39, pp. 710). Plaintiff alleges that his arm was injured when an officer slammed and punched his

arm in the cell door tray flap on July 15, 2020, and that Defendant Miller told Plaintiff he

would receive x-rays for his arm on that same day. Id. Plaintiff claims that he did not

4

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receive an x-ray until months later. Id.

In her affidavit, Defendant Miller states that she is a registered nurse, employed by

Phoebe Putney Memorial Hospital to provide medical services to inmates at the

Dougherty County Jail. (Doc. 156-5,

2, 6). According to Defendant Miller, Plaintiff

submitted a medical inquiry on September 13, 2020 stating that his arm was “popin [sic]

in and out of place”, and Miller saw Plaintiff at sick call later that day. Id. at If 8. Miller

obtained an order from a physician for an x-ray of Plaintiff s left arm/elbow, which took

place on September 16, 2020. Id. at ^ 8-9. Plaintiff submitted additional medical

inquiries in October and December 2020 and March 2021 regarding his arm, and

Defendant Miller placed Plaintiff on the sick call list to be seen by a physician’s assistant

or a physician each time. Id. at fflf 10-13.

Defendant Joiner states in her affidavit that she is a registered nurse, employed by

Phoebe Putney Memorial Hospital to provide medical services to inmates at the

Dougherty County Jail. (Doc. 156-6, || 2, 6). Joiner states that Plaintiff was examined by

Nurse Wade following an altercation on July 15, 2020, and that when Joiner later

attempted to get Plaintiff to go to the medical office to be examined by a physician,

Plaintiff refused. Id. at

7-9.

Plaintiffs medical records submitted by Defendants show that he was seen in the

medical department on July 15, 2020 and he complained that his left elbow was fractured.

(Doc. 156-3, p. 56). In the midst of talking, yelling, and cursing, Plaintiff refused to move

his left arm or squeeze with his left hand. Id. at pp. 107, 170. The medical records reflect

that Plaintiff later refused to return to medical to see the physician, and that officers were

5

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unable to get Plaintiff to sign the refusal of treatment form due to Plaintiff “acting out”.

Id. at pp. 55, 170. Plaintiff submitted medical inquiries to be seen by medical for his arm

in September 2020, was placed on the sick call list, and his arm was x-rayed on

September 16, 2020, with findings of “[n]o fracture, dislocation, or significant

arthropathy of the left elbow ... No acute osseous abnormality”. Id. at pp. 29, 195, 196,

220. Plaintiff ultimately underwent an MRI that showed he had “no significant elbow

ligamentous or tendon abnormality. Small amount of elbow joint fluid. Mild peripheral

elbow joint degenerative change.” Id. at p. 217.

In a sworn declaration, Plaintiff states that he was denied medical care in the form

of x-rays on July 15, 2020 and that Defendants Miller and Joiner “violated policy” in

relying on the statements of Defendant Kendricks that Plaintiff was refusing medical

care. (Doc. 148, pp. 1-3). Plaintiff asserts that medical records showing that Nurse Wade

examined him on July 15, 2020, as opposed to Defendant Miller, and that Plaintiff

refused medical care were fabricated by Defendants Miller and Joiner. Id. at pp. 1-4. In

his sworn response to the other Defendants’ summary judgment motion, Plaintiff

maintains that after he was returned to his cell on July 15, 2020, and x-rays had been

scheduled, no one came to his cell or said anything to him about returning to medical.

(Doc. 166, p. 6). According to Plaintiff “no one came to say anything to me about

anything having whatsoever to do with medical”. Id.

In his unsworn declaration filed in response to these Defendants’ summary

judgment motion, Plaintiff again states that Defendants Miller and Joiner, along with

others, fabricated his refusal of medical care and thereby deprived him of necessary

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medical care for his elbow/arm. (Doc. 169). Plaintiff maintains that these Defendants

violated jail policy and thereby were deliberately indifferent to his serious medical needs,

in that they did not personally observe or hear Plaintiff refuse medical care but relied on

Defendant Kendricks’ statements that he could not get Plaintiff to sign a refusal form. Id.

The Court notes that the discs submitted by Plaintiff in support of his claims show only xray and MRI images for his spine and elbow, with no accompanying explanation or

written results. (Doc. 6).

It is well established that prison personnel may not subject inmates to "acts or

omissions sufficiently harmful to evidence deliberate indifference to serious medical

needs." Estelle v. Gamble, 429 U.S. 97, 106 (1976). “To show that a prison official acted

with deliberate indifference to serious medical needs, a plaintiff must satisfy both an

objective and a subjective inquiry. First, a plaintiff must set forth evidence of an

objectively serious medical need. Second, a plaintiff must prove that the prison official

acted with an attitude of ‘deliberate indifference’ to that serious medical need.” Farrow v.

West, 320 F.3d 1235, 1243 (11th Cir. 2003) (internal citations omitted). “[Djeliberate

indifference has three components: (1) subjective knowledge of a risk of serious harm;

(2) disregard of that risk; (3) by conduct that is more than mere negligence.” McElligott

v. Foley, 182 F.3d 1248, 1255 (11th Cir. 1999).

“Mere incidents of negligence or malpractice do not rise to the level of

constitutional violations. Nor does a simple difference in medical opinion between the

prison's medical staff and the inmate as to the latter's diagnosis or course of treatment

support a claim of cruel and unusual punishment." Harris v. Thigpen, 941 F.2d 1495,

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1505 (11th Cir. 1991) (citations omitted).

Viewing the facts in the light most favorable to Plaintiff as the nonmoving party,

Plaintiff was seen in the medical department by a nurse on July 15, 2020, after suffering

an injury to his left arm. X-rays and a doctor’s visit were to be scheduled thereafter. He

did not receive x-rays of his arm until weeks later, and Plaintiff did not sign a refusal of

medical care form on that day. According to Plaintiff, he did not refuse medical treatment

on July 15, 2020, and neither Defendant Miller nor Joiner followed up with Plaintiff to

see if he had in fact refused medical care.

"Prison officials must have been deliberately indifferent to a known danger before

we can say that their failure to intervene offended 'evolving standards of decency',

thereby rising to the level of a constitutional tort. The known risk of injury must be 'a

strong likelihood, rather than a mere possibility'". Brown v. Hughes, 894 F.2d 1533, 1537

(1 lth.Cir. 1990) (quoting Estelle , 429 U.S. 97 and Edwards v. Gilbert, 867 F.2d 1271,

1276 (11th Cir. 1989)).

Plaintiff has failed to establish that Defendants Miller and Joiner were aware of yet

disregarded a serious medical condition or worsening of Plaintiff s condition. To the

contrary, viewing the facts in the light most favorable to the Plaintiff, Plaintiff was seen

by Defendant Miller and scheduled for x-rays and a physician consultation, and Plaintiff

has not come forth with any facts showing that Miller and Joiner were aware of any

condition suffered by Plaintiff that required additional medical attention. The Jail records

submitted by Defendants show that Plaintiff did not submit a medical inquiry seeking

attention for his arm until September 13, 2020. (Doc. 156-3, p. 196).

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Plaintiff maintains that neither Defendant Miller nor Joiner checked with Plaintiff

to see if he had in fact refused medical care, and that this failure was a violation of jail

policy. However, if such inaction violated a jail policy, a policy violation does not

establish a deliberate indifference claim. Taylor v. Adams, 221 F.3d 1254, 1259 (11th Cir.

2000) (“failure to follow procedures does not, by itself, rise to the level of deliberate

indifference because doing so is at most a form of negligence”). Moreover, if, as Plaintiff

asserts, neither Defendant Miller nor Joiner were told Plaintiff refused additional

treatment and neither of these Defendants saw Plaintiff after his initial visit on July 15,

2020, neither Defendant could have been aware of any worsening condition or ongoing

need for medical attention. Plaintiff has failed to present anything more than conclusory

allegations that his medical records were somehow “fabricated” by these Defendants and

what purpose such fabrication would serve.

Finally, Plaintiff has failed to establish that any delay in treatment exacerbated his

conditions. “[Djelay in medical treatment must be interpreted in the context of the

seriousness of the medical need, deciding whether the delay worsened the medical

condition, and considering the reason for the delay.” Hill v. DeKalb RYDC, 40 F.3d 1176,

1189 (11th Cir. 1994), overruled in part on other grounds, Hope v. Pelzer, 536 U.S. 730

(2002). “An inmate who complains that delay in medical treatment rose to a

constitutional violation must place verifying medical evidence in the record to establish

the detrimental effect of delay in medical treatment to succeed.” Id. at 1188.

2. Defendants Montgerard, Miller, and Haugabrook - retaliation

In his retaliation claims against Defendants Montgerard, Miller, and Haugabrook,

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Plaintiff maintains that these Defendants instructed other officers to issue Plaintiff a

disciplinary report when Plaintiff sought medical treatment for his chest pain and/or

sought additional information about his medical condition. (Doc. 39, pp. 17-18; Doc. 59,

p. 24).

“The First Amendment forbids prison officials from retaliating against prisoners for

exercising the right of free speech.” Farrow v. West, 320 F.3d 1235, 1248 (11th Cir.

2003). In order to state a claim for retaliation, the Plaintiff “must establish first, that his

speech or act was constitutionally protected; second, that the defendant’s retaliatory

conduct adversely affected the protected speech; and third, that there is a causal

connection between the retaliatory actions and the adverse effect on speech.” Bennett v.

Hendrix, 423 F.3d 1247, 1250 (11th Cir. 2005). The prisoner “must show that, as a

subjective matter, a motivation for the defendant’s adverse action was the prisoner’s

[protected speech].” Jemison v. Wise, 386 F. A’ppx 961, 965 (11th Cir. 2010); Smith v.

Governor for Alabama, 562 F. A’ppx 806, 815 (11th Cir. 2014).

For purposes of the preliminary screening of Plaintiff s claims, the Court assumed

that Plaintiff had engaged in protected activity in seeking medical care and/or medical

records. (Doc. 59, p. 24). Defendants have continued to rely on this assumption for

purposes of their summary judgment motion. (Doc. 156-1, p. 13).

Defendants Montgerard, Miller, and Haugabrook state in their affidavits that they

never asked or instructed an officer to discipline Plaintiff and never retaliated against

Plaintiff. (Doc. 156-4,

30-32; Doc. 156-5,14-16; Doc. 156-7,

9-11). Defendant

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Montgerard further states that nurses at the jail have no authority to discipline inmates.

(Doc. 156-4,129).

Plaintiff has offered nothing beyond his conclusory allegations to establish that

Defendants Montgerard, Miller, and Haugabrook retaliated against him by having jail

officers issue a disciplinary report. “An inmate’s conclusory allegations, taken alone, are

insufficient to support a retaliation claim.” Booth v. Bobbit, 2020 WL 4281119, *4

(M.D.Ga. 2020) (MTT). Plaintiffs conclusory allegations of retaliation are insufficient

support for the retaliation claim, and any causal connection between Defendants

Montgerard, Miller, and Haugabrook and the disciplinary report at issue “is too tenuous

to survive a motion for summary judgment.” Pittman v. Tucker, 213 F. A’ppx 867, 872

(11th Cir. 2007).

As further established by Defendant Montgerard’s affidavit testimony and unrefuted

by Plaintiff, these Defendants had no authority regarding the discipline of inmates, and

“[wjhere the defendant is not the decision-maker, there is no causal connection between

the [protected speech] and the [adverse event].” Goins v. Weilenman, 2009 WL 2224637,

*4 (S.D.Ga. 2009). Contrary to Plaintiffs assertions that these Defendants directed that a

disciplinary report be issued against him, documentation submitted by Plaintiff shows

that Sgt. Trent directed Officer Nixon to issue a disciplinary report to Plaintiff in

November 2020 after it was determined that Plaintiff had lied about having chest pains to

access the medical staff for other purposes. (Doc. 147-1, pp. 50-52).

3. Defendant Phoebe Putney Memorial Hospital — failure to train/supervise

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In his claims against Phoebe Putney Memorial Hospital, Plaintiff claims that the

hospital is responsible for providing medical care for Jail inmates and that the hospital is

liable for medical staffs deliberate indifference based on a failure to train and supervise.

(Doc. 39, pp. 23-24). In his Amended Complaint, Plaintiff appears to rely on alleged

inmate deaths to establish liability on the part of Phoebe Putney Memorial Hospital. Id.;

Doc. 59, p. 31.

As noted in its Order reviewing Plaintiffs operative Amended Complaint, hospitals

may be considered state actors and held responsible for constitutional violations under §

1983. See Wofford v. Glynn Brunswick Mem. Hosp., 864 F.2d 117, 118 (11th Cir. 1989)

(actions of public hospital authority created under Georgia law “constitute state acts

within the meaning of § 1983”). Such an entity may only be liable “if such constitutional

torts result from an official government policy, the actions of an official fairly deemed to

represent government policy, or a custom or practice so pervasive and well-settled that it

assumes the force of law.” Denno v. Sch. Bd. of Volusia Cnty., 218 F.3d 1267, 1276 (11th

Cir. 2000). Municipalities and their agencies are not subject to liability on the basis of

respondeat superior, as only direct liability may be imposed. Monell v. Department of

Social Servs., 436 U.S. 658, 690 (1978).

An entity’s deliberate indifference can also be shown by “continued adherence to

an approach that [policymakers] know or should know has failed to prevent tortious

conduct” or by “the existence of a pattern of tortious conduct by inadequately trained

employees”. Board of County Comm’rs v. Brown, 520 U.S. 397, 407-08 (1997). To

establish deliberate indifference based on a failure to train, “a plaintiff must present some

evidence that the [entity] knew of a need to train and/or supervise in a particular area and

12

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the [entity] made a deliberate choice not to take any action”. Gold v. City ofMiami, 151

F.3d 1346, 1350 (11th Cir. 1998).

Defendant Montgerard states in her affidavit that Phoebe Putney does not have an

official policy or custom of providing substandard, inadequate, or delayed medical care to

inmates at the Jail. (Doc. 156-4, ^[ 32-35). Plaintiff has not come forth with evidence of a

pattern of conduct by Phoebe Putney employees that the hospital knew provided a basis

for a need to train, and which the hospital made a deliberate choice to ignore.

Plaintiff points to three (3) alleged inmate deaths over a multi-year period and his

own alleged elbow injury as evidence of the hospital’s failure to train its employees, in

addition to allegations that Jail medical staff failed to follow Jail policies. (Doc. 39, pp

24, 26; Doc. 169, p. 7). However, Plaintiff does not provide any evidence that Phoebe

Putney had notice of a pattern of conduct by its employees that required additional

training. “[WJithout notice of a need to train or supervise in a particular area, a

municipality is not liable as a matter of law for any failure to train and supervise.” Knight

through Kerr v. Miami-Dade County, 856 F.3d 795, 820 (11th Cir. 2017). Furthermore,

while a supervising officer can be held liable for a failure to train subordinates, and a

history of widespread abuse can put the supervisor on notice of the need for corrective

action, “one incident will not suffice; rather, the deprivations that constitute widespread

abuse sufficient to notify the supervising official must be obvious, flagrant, rampant, and

of continued duration, rather than isolated occurrences.” Id.

Conclusion

Based on Plaintiffs failure to create a genuine issue of material fact as to whether

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Defendants Miller or Joiner acted with deliberate indifference to a serious medical

condition, whether Defendants Montgerard, Miller, or Haugabrook retaliated against

Plaintiff, or as to whether Defendant Phoebe Putney Memorial Hospital failed to

adequately train and supervise employees providing medical care to Dougherty County

Jail inmates, it is the recommendation of the undersigned that these Defendants’ Motion

for Summary Judgment be GRANTED. (Doc. 156).

Objections

Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written

objections to the recommendations herein, or seek an extension of time to file objections,

WITHIN FOURTEEN 041 DAYS after being served with a copy thereof. The District

Judge shall make a de novo determination as to those portions of the Recommendation to

which objection is made; all other portions of the Recommendation may be reviewed by

the District Judge for clear error. Any objection is limited in length to TWENTY (20)

PAGES. See M.D. Ga. L.R. 7.4.

The parties are hereby notified that, pursuant to Eleventh Circuit Rule 3 -1, “[a] party

failing to object to a magistrate judge’s findings or recommendations contained in a report

and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives

the right to challenge on appeal the district court’s order based on unobjected-to factual

and legal conclusions if the party was informed of the time period for objecting and the

consequences on appeal for failing to object. In the absence of a proper objection, however,

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the court may review on appeal for plain error if necessary in the interests of justice.”

ORDER

Plaintiffs Motion for Settlement Conference is DENIED. (Doc. 221).

SO ORDERED and RECOMMENDED, this 4th day of August, 2022.

s/ Thomas Q. Langstaff

UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

ALBANY DIVISION

JOHNNIE DEMOND JACKSON,

Plaintiff,

VS.

1 : 21-CV-28 (LAG)

SHERIFF KEVIN SPROUL, et al.,

Defendants.

RECOMMENDATION

Pending is a Motion for Summary Judgment filed on behalf of Defendants Sproul,

Adams, Watson, and Kendricks, otherwise identified by defense counsel as the

Dougherty County Defendants. (Doc. 153). Plaintiff was notified of the filing of

Defendants’ Motion for Summary Judgment, advised of his obligations under the law,

and directed to respond thereto within thirty (30) days. (Doc. 154). Plaintiff has

responded to Defendants’ motion. (Doc. 166). Defendants have filed a reply. (Doc. 179).

Plaintiff filed this action in February 2021, and several of Plaintiff s pending cases

were ordered consolidated into this action. (Doc. 1); Jackson v. Dougherty County Jail, et

al., No. 1 : 20-CV-198 (M.D.Ga.)(LAG); Jackson v. Trent, et al., No. 1 : 21-CV-08

(M.D.Ga.)(LAG); Jackson v. Dougherty County Georgia, et al., No. 1 : 20-CV-249

(M.D.Ga.)(LAG); Jackson v. Adams, etal., No. 1 : 21-CV-09 (M.D.Ga.)(LAG). The

Court directed Plaintiff to file a recast Complaint on the proper form, along with a

complete motion to proceed in forma pauperis, and Plaintiff ultimately complied with

this directive. (Docs. 8, 27). The Court granted Plaintiffs Motion to Proceed in forma

Case l:21-cv-00028-LAG-TQL Document 223 Filed 08/02/22 Page 2 of 19

pauperis and allowed certain claims to go forward by Order dated May 26, 2021. (Doc.

34). Based on Plaintiffs subsequent objection, which was construed to be a motion to

amend his complaint, the Court withdrew its May 26, 2021 Order and Recommendation

and issued a new Order and Recommendation, granting Plaintiffs Motion to Amend.

(Doc. 59). All motions to amend filed prior to the June 4, 2021 Amended Complaint were

denied as moot, and the June 4, 2021 Amended Complaint was deemed the operative

complaint. (Docs. 8, 39, 59, 74). The Court allowed certain claims to go forward, and

after the adoption of the Recommendation issued on November 9, 2021 and the dismissal

of certain claims based on a lack of exhaustion, the following claims remain pending:

• Failure to provide adequate medical treatment against Defendants

Miller, Joiner, and Kendricks

• First Amendment mail interference claims against Defendants Adams

and Watson

• Conditions of confinement claims against Defendant Sproul

pertaining to the provision of inadequate nutrition

• Retaliation claims against Defendants Miller, Montgerard, and

Haugabrooks

• Claims concerning the alleged failure to provide adequate medical

treatment against Phoebe Putney Memorial Hospital

(Docs. 129, 202).

Defendants Ostrander, Green, Trent, Gilbert, and Boges were dismissed by Order dated

March 2, 2022. (Doc. 202).

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BACKGROUND

Plaintiffs claims arise out of events occurring during his confinement as a pretrial

detainee at the Dougherty County Jail beginning on or about July 14, 2020. In the claims

that remain and pertain to the Dougherty County Defendants, Plaintiff alleges that

Defendant Kendrick (identified as Defendant “Kendricks” in Defendants’ Motion for

Summary Judgment) was deliberately indifferent to Plaintiffs medical needs regarding

an x-ray, that Defendants Adams and Watson violated Plaintiffs First Amendment rights

by interfering with Plaintiffs legal and personal mail, and that Defendant Sproul is

responsible for unconstitutional conditions of confinement in regard to provision of

inadequate nutrition. (Doc. 59).

ANALYSIS

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the “court shall grant

summary judgment if the movant shows that there is no genuine dispute as to any

material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.

56(a).

A party asserting that a fact cannot be or is genuinely

disputed must support the assertion by:

(A) citing to particular parts of materials in the record,

including depositions, documents, electronically stored

information, affidavits or declarations, stipulations (including

those made for purposes of the motion only), admissions,

interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the

absence or presence of a genuine dispute, or that an adverse

party cannot produce admissible evidence to support the fact.

Fed. R. Civ. P. 56(c)(1).

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As the parties moving for summary judgment, Defendants have the initial burden to

demonstrate that no genuine issue of material fact remains in the case. Celotex Corp. v.

Catrett, 477 U.S. 317, 325 (1986); Clark v. Coats & Clark, Inc., 929 F.2d 604 (11th Cir.

1991). The movant “always bears the initial responsibility of informing the district court

of the basis for its motion, and identifying those portions of the record, including

pleadings, discovery materials, and affidavits, which it believes demonstrate the absence

of a genuine issue of material fact.” Celotex, 477 U.S. at 323. “If a party fails to properly

support an assertion of fact or fails to properly address another party’s assertion of fact as

required by Rule 56(c), the court may ... grant summary judgment if the motion and

supporting materials - including the facts considered undisputed - show that the movant is

entitled to it.” Fed. R. Civ. P. 56(e)(3). Defendants have supported their motion with their

affidavits, portions of Plaintiffs jail records, and documentation regarding jail

procedures. (Docs. 153-3- 153-6).

In their Motion for Summary Judgment, Defendants assert that they are entitled to

the protection of qualified immunity, in that Plaintiff has failed to establish a

constitutional violation. They also contend that they are entitled to Eleventh Amendment

immunity.

Qualified immunity

Defendants assert that they are entitled to the protection of qualified immunity

regarding Plaintiffs claims brought against them in their individual capacities. “Qualified

immunity shields federal and state officials from money damages unless a plaintiff pleads

facts showing (1) that the official violated a statutory or constitutional right, and (2) that

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the right was clearly established at the time of the challenged conduct.” Ashcroft v. alKidd, 563 U.S. 731, 735 (2011).

Inasmuch as qualified immunity is an affirmative defense, the “public official must

first prove that he was acting within the scope of his discretionary authority when the

allegedly wrongful acts occurred.” Lee v. Ferraro, 284 F.3d 1188, 1194 (11th Cir.2002).

“To determine whether an official was engaged in a discretionary function,” federal

courts look to see whether the challenged actions “fell within the employee's job

responsibilities.” Crosby v. Monroe Cnty., 394 F.3d 1328, 1332 (11th Cir. 2004) (internal

citation omitted).

Defendants’ actions taken within their role as law enforcement officers establish

that they were acting within their discretionary authority. “Discretionary authority”

includes “all actions of a governmental official that (1) were undertaken pursuant to the

performance of his duties, and (2) were within the scope of his authority.” Jordan v. Doe,

38 F.3d 1559, 1566 (11th Cir. 1994). These “objective circumstances ... compel the

conclusion that [Defendants’] actions were undertaken pursuant to the performance of

[their] duties and within the scope of his authority.” Sims v. Metropolitan Dade County,

972 F.2d 1230, 1236 (11th Cir. 1992). “[W]here ... it is undisputed that government

officials were acting within their discretionary authority, the burden is on the plaintiff to

demonstrate that qualified immunity is not appropriate.” Hicks v. Ferrero, 241 F. A’ppx

595, 597 (11th Cir. 2007).

“To [show that qualified immunity is not appropriate], the plaintiff must

demonstrate (taking all the facts in the light most favorable to [him]) the following two

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things: (1) that the defendant violated [his] constitutional rights, and (2) that, at the time

of the violation, those rights were clearly established”. Gaines v. Wardynski, 871 F.3d

1203,1208 (11th Cir. 2017).

1. Defendant Sproul: nutrition

In his remaining claim against Defendant Sproul, Plaintiff alleges that he was

provided with inadequate food while housed in segregation and lost “40-50 pounds”.

(Doc. 59, p. 20). In his verified Amended Complaint, Plaintiff states that the practice at

the jail was to provide inmates “like 1200” calories per day. (Doc. 39, p. 22). In a

subsequently filed declaration, Plaintiff states that he was housed in the isolation unit at

the Dougherty County Jail between June 10,2020 and January 9, 2021, and that during

this time period his weight dropped from 206 pounds to 167 pounds as a result of food

deprivation. (Doc. 143, p. I)1. Plaintiff maintains that inmates held in isolation were

provided with smaller and/or less nutritious portions as a means of discipline.

In his affidavit, Defendant Sproul states that the Dougherty County Sheriffs Office

contracts with Trinity Food Services to provide inmate meals, and that Trinity employs

dieticians who approve the menus and portions for inmate meals. (Doc. 153-4,3-4).

Inmate meals provide more than 2000 calories per day. Id. at ]) 5. Sproul attributes any

weight loss suffered by Plaintiff while he was confined in disciplinary detention to

Plaintiff not eating the meals or the meals being healthier than those provided outside of

detention. Id. at ^ 7. In Plaintiffs jail medical records, Plaintiff was reported to be “wellnourished and well developed” upon examination by a physician on November 20, 2020.

1 Plaintiff signed Document 143, but inserted his declaration “under penalty of perjury that the foregoing is true and

correct” on page 3 of Document 143, thereby rendering the preceding text a sworn statement. (Doc. 143).

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(Doc. 153-3, p. 62).

In his sworn response to Defendants’ Motion for Summary Judgment, Plaintiff

maintains that the portions of food provided to inmates in segregation are inadequate,

based in part on information from a former jail kitchen worker, an ex-girlfriend of

Plaintiff, who allegedly quit because the jail “was not feeding inmates enough”. (Doc.

166, p. 12)2.

In his sworn declaration, Plaintiff maintains that he lost weight during his

confinement in isolation at the Dougherty County Jail, between July 2020 and January

2021 due to food deprivation. (Doc. 143, pp. 1-2). Plaintiff states that he complained

about the food and portions through food service inquiries, and that Chief Ostrander

responded that he was contacting “portion control” about his complaints. Id. at p. 2.

Plaintiff has also previously filed certain of Defendant Sproul’s interrogatory

responses, in which Defendant Sproul states that inmate meals are supposed to be 2000

calories, that Plaintiff at times was housed in the isolation unit at the jail between July

2020 and January 2021, and that the jail provided Nutraloaf to inmates in isolation from

some time in 2015 through February 8,2020. (Doc. 143-1, pp. 18-19).

In order to establish an Eighth Amendment claim based on deliberate indifference

to conditions of confinement, Plaintiff must meet both an objective and a subjective

standard. Chandler v. Cosby, 379 F.3d 1278, 1289 (11th Cir. 2004).3 “Generally

2 Plaintiff signed Document 166, but inserted his declaration “under penalty of perjury that the foregoing is true and

correct” on page 14 of Document 143, thereby rendering the preceding text a sworn statement. (Doc. 166).

3 Although Plaintiff brought his claims as a pretrial detainee, and his conditions of confinement claims are therefore

governed by the Fourteenth Amendment’s Due Process Clause rather than the Eighth Amendment’s Cruel and

Unusual Punishment Clause, “the applicable standard is the same, so decisional law involving prison inmates applies

equally to cases involving arrestees or pretrial detainees.” Cottrell v. Caldwell, 85 F.3d 1480, 1490 (1 l'h Cir. 1996).

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speaking, prison conditions rise to the level of an Eighth Amendment violation only when

they involve the wanton and unnecessary infliction of pain.” Id. Initially, the prisoner

must show that, objectively, the condition is sufficiently serious, and “at the very least

show [the condition] poses an unreasonable risk of serious damage to his future health or

safety”. Helling v. McKinney, 509 U.S. 25, 33 (1993). The Eighth Amendment

guarantees that prisoners will not be “deprive[d]... of the minimal civilized measure of

life’s necessities.” Rhodes v. Chapman, 452 U.S. 337, 347 (1981).

Secondly, the prisoner must show that the defendant official acted with deliberate

indifference to the condition. Farmer v. Brennan, 511 U.S. 825, 835 (1994). The official

must “know[] of and disregard^ an excessive risk to inmate health and safety; the official

must both be aware of facts from which the inference could be drawn that a substantial

risk of serious harm exists, and he must also draw the inference.” Id. at 837.

Viewing the facts regarding nutrition in the light most favorable to Plaintiff as the non-moving party, Plaintiff lost at least thirty (30) pounds while confined in isolation at

the Dougherty County Jail between June 2020 and January 2021, which he attributes to

the meals provided to isolation inmates. Although Plaintiff contends that the meals

provided to inmates in isolation were nutritionally lacking, he has offered no description

of the meals provided and no explanation as what and how much was served, other than

stating that he was not provided fruits. Plaintiff has generally provided only his

conclusory allegations that the meals were lacking in nutrition. In order to defeat

summary judgment, a nonmoving party’s “affidavit cannot be conclusory”. United States

v. Stein, 881 F.3d 853, 856 (1 llh Cir. 2018). “[Cjonclusory allegations without specific

supporting facts have no probative value” in determining a summary judgment motion.

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Leigh v. Warner Bros., Inc., 212 F.3d 1210, 1217 (11th Cir. 2000), internal citations

omitted.

To the extent that Plaintiff relies on Defendant Sproul’s discovery responses to

establish that he provided Nutraloaf to inmates in isolation, the discovery responses to

which Plaintiff points show that the jail provided Nutraloaf in isolation only up until

February 8, 2020, well before the time Plaintiff was confined in isolation. Doc. 143-1, p.

19. Plaintiff has not refuted this showing with competent summary judgment evidence.

“The Constitution requires that prisoners be provided reasonably adequate food. A

well-balanced meal, containing sufficient nutritional value to preserve health, is all that is

required.” Hamm v. DeKalb County, 774 F.2d 1567, 1575 (11th Cir. 1985), internal

citations omitted. Defendant Sproul has established, and Plaintiff has failed to refute, that

meals provided to Plaintiff while he was confined in isolation were constitutionally

sufficient. Moreover, Plaintiff has failed to establish that Defendant Sproul was aware of

any insufficiency that rose to the level of an excessive risk to Plaintiffs health and safety,

and disregarded this risk. Farmer, 511 U.S. at 837.

2. Defendants Adams and Watson - mail interference

In his mail interference claim that was allowed to go forward, Plaintiff alleges in

his verified Amended Complaint that Defendants Adams and Watson interfered with his

outgoing personal and legal mail, refusing to allow him to write letters to certain

individuals and entities. (Doc. 59, p. 10). Specifically, Plaintiff maintains that Defendants

Adams and Watson prohibited him from writing letters to the media and the post office,

and he asserts that his mail was being read based on his ability to re-open the envelopes

provided by the Jail, presumably for his legal mail. (Doc. 39, pp. 14, 15). The Court notes

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that Plaintiffs access to the courts claims were dismissed, and only his claims that

Defendants violated his First Amendment free speech rights by interfering with his

personal and legal mail were allowed to proceed. (Docs. 59, 74). Plaintiff claims that he

wanted to write to the media to obtain video footage of his June 2020 arrest, and that he

wanted to write to the Post Office to verify whether Sheriff Sproul had received his

letters. (Doc. 39, pp. 14-16).

Defendant Adams testifies in her affidavit that she serves as the Legal Liaison and

secondary Custodian of Records for the Dougherty County Sheriffs Office, and that

Plaintiff has been incarcerated multiple times in the Dougherty County Jail. (Doc. 153-3,

p. 1). In regard to inmate mail, inmates who qualify as indigent and are proceeding pro se

in litigation are provided with paper, pens, and envelopes, as well as postage for legal

mail. Id. at p. 3. Defendant Adams initially told Plaintiff she needed more proof as to his

pro se status after he filed his first lawsuit, and Plaintiff was later certified by the Court as

proceeding pro se. Id.

Plaintiff complained to Defendant Adams about the lack of indigent postage for

media outlets, the Post Office, medical providers, and family members, and the Jail

eventually agreed to pay for mail directed to his medical providers because Plaintiff was

trying to gather evidence for his civil case. Id. at p. 4. The Jail did not pay postage for

mail directed to media outlets, the Post Office, or family members “because that mail was

not reasonably related to Plaintiffs prosecution of his civil case or his defense of his

criminal case. Those envelopes were returned to Plaintiff unopened.” Id. All non-legal

mail was required to be on postcards so that the Jail could ensure that it contained no

contraband or illegal communication. Id. Plaintiff was not prevented from sending mail to

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media outlets, the Post Office, or his family, but this mail was not classified as “legal

mail”, meaning it could not be contained in a sealed envelope and the jail did not pay for

postage. Id. Defendant Adams “never read or tampered with any of Plaintiff s legal mail.

[She is] not even involved in processing inmate mail... [and] only sees copies of

envelopes that are mailed out.” Id.

Defendant Watson, the Custody Services Lieutenant for the Dougherty County Jail,

oversees pro se inmates’ legal mail, providing them with supplies and making sure the

mail is sent out. (Doc. 153-5, ffl[ 2, 4). Defendant Watson testifies in her affidavit that no

legal mail sits overnight before being mailed out, and that she has “never opened, read, or

tampered with any of Plaintiff s outgoing legal mail.” Id. at

12-13. Incoming legal

mail is opened in the presence of the receiving inmate to verify that there is no

contraband in the envelope, a process of which Defendant Watson is not a part. Id. at

14. Watson never prohibited Plaintiff from communicating with the media, the Post

Office, or his family members, but merely instructed him that he could not use his pro se

supplies to do so. Id. at f 15.

According to the Inmate Handbook for the Dougherty County Jail Facility,

[i]nmates ... are allowed to correspond with any individual

of their choice unless they have been restricted by the Jail

Administration or Court Official... Legal or Governmental

correspondences are considered privileged mail and may be

opened and inspected for contraband only in the inmate’s

presence. Non-privileged mail (regular) mail, both incoming

and outgoing will be subject to inspection... Both incoming

and outgoing regular mail are restricted to postcards only.

Pre-stamped postcards are available through the commissary

and are included in indigent packages. Any outgoing mail

other than postcards will not be accepted for delivery.

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The “postcard only” rule does not apply to incoming/outgoing

legal mail, which will be processed as usual. Indigent inmates

who are “pro se” will be provided adequate envelopes/stamps

for their legal correspondence.

.. . Any inmate who has been declared indigent and who

thereafter shows no money credited to his/her account is

eligible to receive the following once per month: (6) Postal

Stamps, (6) envelopes, Sufficient writing paper, and (1) pen.

(Doc. 153-3, pp. 110-112).

Defendant Adams states in her affidavit that jail policy restricting non-legal mail to

postcards is in place to restrict contraband and to ensure that mail contains no disruptive

or illegal communication. Id. at p. 4.

In his sworn declaration included in his response to Defendants’ summary

judgment motion, Plaintiff maintains that all of his “dealings” with Defendants Adams

and Watson involved legal mail, and that Defendant Watson did not provide him with pro

se supplies to write to the media, the post office, or to family. (Doc. 166, pp. 13-14).

Plaintiff maintains that “all of my written affairs were strictly legal business”. Id. at p. 14.

Plaintiff further alleges that he was allowed to use pro se postage and materials to send

mail to a media outlet once, so he should be allowed to do so thereafter. Id. at p. 13.

“The First Amendment, as incorporated by the Fourteenth Amendment, prohibits

states from abridging the freedom of speech. Mail is one medium of free speech, and the

right to send and receive mail exists under the First Amendment.” Al-Amin v. Smith, 511

F.3d 1317, 1333 (11th Cir. 2008). “[A] prison regulation may impinge ... freedom of

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speech if the Court determines that ‘it is reasonably related to legitimate penological

interests’”. Prison Legal News v. Champman, 2013 WL 1296367, at *3 (M.D.Ga.)

(CAR), quoting Turner, 482 U.S. at 89.

Under Turner, a prison regulation that allegedly abridges free speech must be

examined to determine 1) the valid and rational connection between the regulation and

the asserted legitimate governmental interest; 2) whether there are alternative means of

exercising the constitutional right; 3) any effect accommodating the right would have on

guards and inmates; and 4) the absence or existence of ready alternatives. Turner, 482

U.S. at 89.

Viewing the facts in the light most favorable to Plaintiff, Defendants Adams and

Watson would not allow Plaintiff to designate correspondence to the media, to family

members, and to the post office as legal mail, which would have enabled Plaintiff to send

said correspondence using pro se indigent legal materials. Plaintiffs non-legal

correspondence was limited to postcards, per jail policy.

Pursuant to Defendant Adams’ affidavit testimony, the jail defined legal mail as

being “reasonably related to Plaintiffs prosecution of his civil case or his defense of his

criminal case”. (Doc. 153-3, p. 4). In a response to an inquiry from Plaintiff, jail officials

explained to Plaintiff that legal mail “includes correspondence to the courts or an

attorney. It does not include correspondence to the media, family, or other government

agencies such as the Post Office. For those, you would have to use a post card.” Id. at p.

90.

Plaintiff was allowed to correspond with his family, the media, and the Post Office

using post cards. Defendants did not prevent Plaintiff from mailing anything to his

13

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family, the media, or the Post Office, but did not allow him to do so using postage and

supplies designated for use in legal mailing. Plaintiff was free to mail anything he wanted

to on a postcard, which either he paid for or was part of what was provided to indigent

inmates per jail policy. Plaintiff has not come forth with sufficient facts to overcome

Defendants’ summary judgment showing that they did not restrict his free speech rights

regarding mail.

3. Defendant Kendricks — medical treatment

In the deliberate indifference to a serious medical need claim that was allowed to

proceed against Defendant Kendricks, Plaintiff states that Kendricks falsified medical

records to show that Plaintiff refused x-rays for his arm. (Doc. 39, pp. 6-10). Plaintiff

alleges that his arm was injured when an officer slammed and punched his arm in the cell

door tray flap on July 15, 2020, and that Defendant Kendricks knew Plaintiff required

medical treatment but failed to ensure Plaintiff received treatment. Plaintiff claims that he

did not receive an x-ray until months later. Id.

In his affidavit, Defendant Kendricks states that he is a lieutenant with the

Dougherty County Sheriffs Office and was the supervisor over Plaintiffs pod on July

15, 2020. (Doc. 153-6,

2-3). On the morning of July 15, 2020, Plaintiff was on

handcuff and leg iron restrictions, meaning that he had to be placed in handcuffs and leg

irons whenever he was escorted through the Jail, due to his having “caused so many

disruptions” in the Jail. Id. at 4. When the nurse called for Plaintiff to be brought to

medical on the afternoon of July 15, 2020, Plaintiff refused to walk to the back of his cell,

face the wall, and kneel for the placement of handcuffs and leg irons by Defendant

14

Case l:21-cv-00028-LAG-TQL Document 223 Filed 08/02/22 Page 15 of 19

Kendricks, saying that no one was going to handcuff him. Id. at ^ 5. After Plaintiff

refused a second order from Defendant Kendricks, Kendricks told the nurse on duty that

Plaintiff refused to cooperate “so he would not be taken to medical”. Id. at

6-7.

Kendricks could not get Plaintiff to sign a refusal of treatment form because Plaintiff

“was acting out”. Id. at ^ 8. Kendricks did not believe Plaintiffs behavior warranted a

disciplinary report, but states that he should have written a security report, and that

Plaintiff did not appear to be in serious need of medical care. Id. at ]H[ 9-10.

Plaintiffs medical records submitted by Defendants show that he was seen in the

medical department on July 15, 2020 after a dry tasing incident, and he complained that

his left elbow was fractured. (Doc. 153-3, p. 44). In the midst of “continuously cursing

[and] talking loud”, Plaintiff refused to move his left arm or squeeze with his left hand.

Id. The medical records reflect that Plaintiff later refused to return to medical to see the

physician, and that Kendricks reported he was unable to get Plaintiff to sign the refusal of

treatment form due to Plaintiff “acting out”. Id. Plaintiff submitted medical inquiries to

be seen by medical for his arm in September 2020, was placed on the sick call list, and

his arm was x-rayed on September 16, 2020, with findings of “[n]o fracture, dislocation,

or significant arthropathy of the left elbow ... No acute osseous abnormality”. Id. at pp.

51, 52-53. After further medical inquiries, Plaintiff was examined by an outside

specialist, who found that an MRI showed he had “no significant injury” to his elbow. Id.

atpp. 57, 58,71-73,75-76.

In a sworn declaration, Plaintiff states that he did not refuse medical care on July

15, 2020, and asserts that Defendant Kendricks fabricated his statements that Plaintiff

15

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refused medical treatment. (Doc. 148, pp. 1-4). In his sworn response to Defendants’

summary judgment motion, Plaintiff maintains that after he was returned to his cell on

July 15, 2020, and x-rays had been scheduled, no one came to his cell or said anything to

him about returning to medical. (Doc. 166, p. 6). According to Plaintiff “no one came to

say anything to me about anything having whatsoever to do with medical”. Id.

It is well established that prison personnel may not subject inmates to "acts or

omissions sufficiently harmful to evidence deliberate indifference to serious medical

needs." Estelle v. Gamble, 429 U.S. 97, 106 (1976). “To show that a prison official acted

with deliberate indifference to serious medical needs, a plaintiff must satisfy both an

objective and a subjective inquiry. First, a plaintiff must set forth evidence of an

objectively serious medical need. Second, a plaintiff must prove that the prison official

acted with an attitude of ‘deliberate indifference’ to that serious medical need.” Farrow v.

West, 320 F.3d 1235, 1243 (11th Cir. 2003) (internal citations omitted). “[Deliberate

indifference has three components: (1) subjective knowledge of a risk of serious harm;

(2) disregard of that risk; (3) by conduct that is more than mere negligence.” McElligott

v. Foley, 182F.3d 1248, 1255 (11th Cir. 1999).

“Mere incidents of negligence or malpractice do not rise to the level of

constitutional violations. Nor does a simple difference in medical opinion between the

prison's medical staff and the inmate as to the latter's diagnosis or course of treatment

support a claim of cruel and unusual punishment." Harris v. Thigpen, 941 F.2d 1495,

1505 (11th Cir. 1991) (citations omitted).

Viewing the facts in the light most favorable to Plaintiff as the nonmoving party,

16

Case l:21-cv-00028-LAG-TQL Document 223 Filed 08/02/22 Page 17 of 19

Plaintiff was seen in the medical department by a nurse on July '15, 2020, after suffering

an injury to his left arm. X-rays and a doctor’s visit were to be scheduled thereafter. He

did not receive x-rays of his arm until weeks later, and Plaintiff did not sign a refusal of

medical care form on that day. According to Plaintiff, he did not refuse medical treatment

on July 15, 2020, and no jail personnel spoke to him about returning to medical that day.

"Prison officials must have been deliberately indifferent to a known danger before

we can say that their failure to intervene offended ’evolving standards of decency’,

thereby rising to the level of a constitutional tort. The known risk of injury must be ’a

strong likelihood, rather than a mere possibility’". Brown v. Hughes, 894 F.2d 1533, 1537

(11th Cir. 1990) (quoting Estelle , 429 U.S. 97 and Edwards v. Gilbert, 867 F.2d 1271,

1276(11th Cir. 1989)).

Plaintiff has failed to establish that Defendant Kendricks was aware of yet

disregarded a serious medical condition or worsening of Plaintiff s condition. To the

contrary, viewing the facts in the light most favorable to the Plaintiff, Defendant

Kendricks never spoke to Plaintiff on the day in question about going back to medical,

and Plaintiff has not come forth with any facts showing that Kendricks was aware of any

condition suffered by Plaintiff that required additional medical attention.

As the Court finds no constitutional violations based on the facts provided,

Defendants are entitled to qualified immunity. Baltimore v. City of Albany, Ga., 183 F.

A’ppx 891, 896 (11th Cir. 2006).

Eleventh Amendment immunity

To the extent that Plaintiff brings his claims against the Defendants in their official

17

Case l:21-cv-00028-LAG-TQL Document 223 Filed 08/02/22 Page 18 of 19

capacities, the Eleventh Amendment bars Plaintiffs claims. A state is not considered a

“person” subject to suit for money damages under § 1983, such that “neither a state nor

its officials acting in their official capacities are ‘persons’ under § 1983”. Will v.

Michigan Dep't. ofState Police, 491 U.S. 58 (1989). Thus, a suit brought against a

defendant deputy sheriff in his official capacitiy is in reality a suit against the state and as

such is not cognizable under § 1983. Id.; Kinsey v. Thomas, 2021 WL 3116822, n.4

(M.D.Ga. 2021) (CDL) (noting that for purposes of Eleventh Amendment immunity a

Georgia county sheriff acted as an arm of the State); Turquitt v. Jefferson County, Ala.,

137 F.3d 1285, 1288-89 (11th Cir. 1998) (sheriff and his deputies act as officers of the

State when supervising inmates and operating county jails); Scruggs v. Lee, 256 F. A’ppx

229, 231 (11th Cir. 2007) (sheriffs deputies entitled to Eleventh Amendment immunity in

their official capacities).

Conclusion

Based on Plaintiffs failure to create a genuine issue of material fact as to whether

Defendant Sproul provided inadequate nutrition to Plaintiff while confined in isolation,

whether Defendants Adams and Watson violated Plaintiffs First Amendment rights as to

his mail, and as to whether Defendant Kendricks acted with deliberate indifference to

Plaintiffs serious medical needs, it is the recommendation of the undersigned that

Defendants Sproul, Adams, Watson, and Kendricks’ Motion for Summary Judgment

(Doc. 153) be GRANTED.

Objections

Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written

18

Case l:21-cv-00028-LAG-TQL Document 223 Filed 08/02/22 Page 19 of 19

objections to the recommendations herein, or seek an extension of time to file objections,

WITHIN FOURTEEN (14) DAYS after being served with a copy thereof. The District

Judge shall make a de novo determination as to those portions of the Recommendation to

which objection is made; all other portions of the Recommendation may be reviewed by

the District Judge for clear error. Any objection is limited in length to TWENTY (20)

PAGES. See M.D. Ga. L.R. 7.4.

The parties are hereby notified that, pursuant to Eleventh Circuit Rule 3-1, “[a] party

failing to object to a magistrate judge’s findings or recommendations contained in a report

and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives

the right to challenge on appeal the district court’s order based on unobjected-to factual

and legal conclusions if the party was informed of the time period for objecting and the

consequences on appeal for failing to object. In the absence of a proper objection, however,

the court may review on appeal for plain error if necessary in the interests of justice.”

SO RECOMMENDED, this 2nd day of August, 2022.

s/ Thomas Q. Langstaff

UNITED STATES MAGISTRATE JUDGE

19

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Case l:21-cv-00028-LAG-TQL Document 209 Filed 03/17/22 Page 1 of 7

K.

(

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

ALBANY DIVISION

JOHNNIE DEMOND JACKSON,

Plaintiff,

VS.

1 : 21-CV-28 (LAG)

SHERIFF KEVIN SPROUL, et al.,

A*

% ^

Defendants.

ORDER and RECOMMENDATION

Plaintiff filed this action in February 2021, and several of Plaintiff s pending cases

were ordered consolidated into this action. (Doc. 1); Jackson v. Dougherty County Jail, et

al., No. 1 : 20-CV-198 (M.D.Ga.)(LAG); Jackson v. Trent, etal., No. 1 : 21-CV-08

(M.D.Ga.)(LAG); Jackson v. Dougherty County Georgia, et al., No. 1 : 20-CV-249

(M.D.Ga.)(LAG); Jackson v. Adams, et al., No. 1 : 21-CV-09 (M.D.Ga.)(LAG). The Court

directed Plaintiff to file a recast Complaint on the proper form, along with a complete

motion to proceed in forma pauperis, and Plaintiff ultimately complied with this directive.

(Docs. 8, 27). The Court granted Plaintiffs Motion to Proceed in forma pauperis and

allowed certain claims to go forward by Order dated May 26, 2021. (Doc. 34). Based on

Plaintiffs subsequent objection, which was construed to be a motion to amend his

complaint, the Court withdrew its May 26, 2021 Order and Recommendation and issued a

new Order and Recommendation, granting Plaintiff s Motion to Amend. (Doc. 59). All

motions to amend filed prior to the June 4,2021 Amended Complaint were denied as moot,

and the June 4, 2021 Amended Complaint was deemed the operative complaint. (Docs. 8,

i

' Case l:21-cv-00028-LAG-TQL Document 209 Filed 03/17/22 Page 2 of 7

39, 59, 74). The Court allowed certain claims to go forward, and after the adoption of the

Recommendation issued on November 9,2021 and the dismissal of certain claims based on

a lack of exhaustion, the following claims remain pending:

• Failure to provide adequate medical treatment against Defendants

Miller, Joiner, and Kendrick

• First Amendment mail interference claims against Defendants Adams

and Watson

• Conditions of confinement claims against Defendant Sproul pertaining

to the provision of inadequate nutrition

• Retaliation claims against Defendants Miller, Montgerard, and

Haugabrooks

• Claims concerning the alleged failure to provide adequate medical

treatment against Phoebe Putney Memorial Hospital

(Docs. 129, 202).

Defendants Ostrander, Green, Trent, Gilbert, and Boges were dismissed by Order dated March

2, 2022. (Doc. 202). The Clerk is DIRECTED to update the docket accordingly.

Plaintiffs claims arise out of events occurring during his confinement as a pretrial

detainee at the Dougherty County Jail beginning on or about July i4, 2020. In the claims

that remain, Plaintiff alleges that Defendants Miller, Joiner and Kendrick were deliberately

indifferent to Plaintiffs medical needs regarding an x-ray, that Defendants Adams and

Watson violated Plaintiffs First Amendment rights by interfering with Plaintiff s legal and

personal mail, that Defendant Sproul is responsible for unconstitutional conditions of

confinement in regard to provision of inadequate nutrition, that Defendants Miller,

2

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Case l:21-cv-00028-LAG-TQL Document 209 Filed 03/17/22 Page 3 of 7

Montgerard, and Haugabrooks retaliated against Plaintiff, and that Phoebe Putney

Memorial Hospital has a policy or custom of providing dangerously substandard or

delayed care to inmates at the Dougherty County Jail. (Doc. 59).

RECOMMENDATION

Motion for injunctive relief

In a motion filed on November 16, 2021, Plaintiff seeks injunctive relief. (Doc.

131). Plaintiff seeks an injunction to ensure the provision of adequate medical care,

nutrition, access to the courts, protection from retaliation, sanitation, and mail delivery. Id.

In order to obtain injunctive or declaratory relief, the Plaintiff must prove that: (1)

there is a substantial likelihood that he will prevail on the merits; (2) he will suffer

irreparable injury unless the injunction issues; (3) the threatened injury to the movant

outweighs whatever damage the proposed injunction may cause the opposing party; and

(4) the injunction, if issued, would not be adverse to the public interest. Zardui-Quintana v.

Richard, 768 F.2d 1213, 1216 (11th Cir. 1985); Snook v. Trust Co. of Georgia Bank of

Savannah, N.A., 909 F.2d 480,483 (11th Cir. 1990). Injunctive relief will not issue unless

the conduct at issue is imminent and no other relief or compensation is available.

Cunningham v. Adams, 808 F.2d 815, 821 (11th Cir. 1987). “In this Circuit, a preliminary

injunction is an extraordinary and drastic remedy not to be granted unless the movant

clearly established the ‘burden of persuasion’ as to the four requisites.” McDonald’s Corp.

v. Robertson, 147 F.3d 1301, 1306 (11th Cir. 1998).

A review of the Plaintiffs motion reveals an inadequate basis for the issuance of

3

Case l:21-cv-00028-LAG-TQL Document 209 Filed 03/17/22 Page 4 of 7

inj unctive relief. Plaintiff has not established that he is entitled to injunctive relief in regard

to his requests, i.e., that there is a substantial likelihood of success on the merits or resulting

irreparable harm, or that no other relief is available to address his alleged injuries.

Accordingly, it is the recommendation of the undersigned that Plaintiffs Motion for

Preliminary Injunction/TRO be DENIED. (Doc. 131).

Motions for summary judgment

Plaintiff has filed multiple motions seeking the entry of summary judgment on his

claims. (Docs. 143, 146, 147, 148, 149, 150). A review of these motions reveals that

Plaintiff has failed to satisfy his burden of establishing that no genuine issues of material

fact remain in this case. The party moving for summary judgment has the initial burden to

demonstrate that no genuine issue of material fact remains in the case. Celotex, All U.S. at

325; Clark v. Coats & Clark, Inc., 929 F.2d 604 (11th Cir. 1991). The movant “always

bears the initial responsibility of informing the district court of the basis for its motion, and

identifying those portions of the record, including pleadings, discovery materials, and

affidavits, which it believes demonstrate the absence of a genuine issue of material fact.”

Celotex, 477 U.S. at 323. Plaintiffs summary judgment motions consist merely of a

reiteration of his claims as set out in his Complaint, in addition to summary conclusions

that the facts as alleged establish the violation of his constitutional rights. Accordingly, it is

the Recommendation of the undersigned that the Plaintiffs motions for summary judgment

be DENIED. (Docs. 143, 146, 147, 148, 149, 150). The Court notes that one of these

motions pertains to claim that have been dismissed. (Docs. 146).

4

.

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%

Case l:21-cv-00028-LAG-TQL Document 209 Filed 03/17/22 Page 5 of 7

Conclusion

Accordingly, it is the recommendation of the undersigned that Plaintiff s Motions

(Docs. 131, 143, 146, 147, 148, 149 & 150) be DENIED.

Objections

Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections

to the recommendations herein, or seek an extension of time to file objections, WITHIN

FOURTEEN 1141 DAYS after being served with a copy thereof. The District Judge shall

make a. de novo determination as to those portions of the Recommendation to which

objection is made; all other portions of the Recommendation may be reviewed by the

District Judge for clear error. Any objection is limited in length to TWENTY (20)

PAGES. See M.D. Ga. L.R. 7.4.

The parties are hereby notified that, pursuant to Eleventh Circuit Rule 3-1, “[a]

party failing to object to a magistrate judge’s findings or recommendations contained in a

report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1)

waives the right to challenge on appeal the district court’s order based on unobjected-to

factual and legal conclusions if the party was informed of the time period for objecting and

the consequences on appeal for failing to object. In the absence of a proper objection,

however, the court may review on appeal for plain error if necessary in the interests of

justice.”

r

■A

Case t21-cv-0002S-LAG-TQL Document 209 Filed 03/17/22 Page 6 ot 7

ORDER

Plaintiff s Motion to have the U.S. Marshal serve4ris motion seeking injunctive relief

on the Defendants is DENIED as moot. (Doc. 130). Plaintiffs motion seeking to have a

S1

xO

“person appointed by the court to take disposition” of this case is DENIED, as the Court ^

finds no basis for the relief sought by Plaintiff. (Doc. 134).

In a series of motions in limine, Plaintiff appears to seek to exclude certain evidence^

he expects to be submitted by Defendants. (Docs; 163, 164, 165, 167). In ruling on

dispositive motions, the Court will consider the admissibility of evidence presented by

both Plaintiff .and Defendants. The filing of separate motions addressing the admissibility

I

' of expected future evidence is unnecessary at this time, and to the extent Plaintiff s

objections to future evidence are presented as pending motions, these motions are

DENIED. (Docs. 163, 164,165,167). Plaintiff s Motion seeking independent examination

of Document 6, Plaintiffs Notice of filing electronic exhibits, for hearsay, is also

DENIED. (Doc. 172).

Plaintiffs motions to exceed the page limitation in his original response to

Defendants’ summary judgment motion filed on January 19, 2022 (Doc. 153) and

Defendants’ summary judgment motion filed on January 27, 2022 (Doc. 156) are

GRANTED. (Docs. 173, 183). Plaintiffs Motion to stay unidentified responses until his

motions for summary judgment have been ruled upon is DENIED. (Doc. 191).

Plaintiff has also filed motions seeking to supplement the file and for leave to file

additional documents. (Docs. 174-177, 180, 181, 189, 190, 192, 205). These motions are

t

8

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Case l:21-cv-00028-LAG-TQL Document 216 Filed 04/26/22 Page 1 of 4

7 /

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

ALBANY DIVISION

JOHNNIE DEMOND JACKSON,

Plaintiff,

CASE NO.: l:21-CV-28 (LAG) (TQL)

v.

SHEPJFF KEVIN R. SPROUL, et al.

Defendants.

ORDER

Before the Court are the Magistrate Judge’s Order and Recommendation (O&R)

(Doc. 209) and Plaintiffs Objection (Doc. 215). For the reasons explained below,

Plaintiffs Objection is OVERRULED, and the O&R is ACCEPTED and ADOPTED.

BACKGROUND

Plaintiff Johnnie Demond Jackson initiated this 42 U.S.C. § 1983 action on

February 10, 2021, alleging that his constitutional rights were violated during his pretrial

detention at the Dougherty County Jail. (Doc. 1). The Court consolidated this case with

four of Plaintiffs other pending § 1983 cases raising related claims on March 9, 2021.

(See Doc. 8 at 3). Defendants subsequently moved to dismiss several of Plaintiff s claims

for failure to exhaust administrative remedies, and the Court granted Defendants’ Motion

to Dismiss on March 2, 2022. (Doc. 68; Doc. 202 at 2-5). The following claims remain

pending before the Court:

(1) Failure to provide adequate medical treatment claims against

Defendants Miller, Joiner, and Kendrick;

(2) Mail interference claims against Defendants Adams and Watson;

(3) Conditions of confinement claim against Defendant Sproul based on the

failure to provide adequate nutrition;

Case l:21-cv-00028-LAG-TQL Document 216 Filed 04/26/22 Page 2 of 4

(4) Retaliation claims against Defendants Miller, Montgerard, and

Haugabrooks; and

(5) Failure to provide adequate medical treatment claim against Phoebe

Putney Memorial Hospital.

(Doc. 129 at 10; Doc. 202). On November 16, 2021, Plaintiff filed a Motion for Injunctive

Relief. (Doc. 131). Plaintiff subsequently filed multiple Motions for Summary Judgment

on January 10, 2022. (Docs. 143, 146-50). Plaintiff also filed supplemental Exhibits for

his Motion for Summary Judgment against Defendant Kendrick and a Demand for Trial by

Jury. (Docs. 144-45). After the Court granted Defendants an extension of time to respond,

Defendants Haugabrooks, Miller, Montgerard, Joiner, and Phoebe Putney Memorial

Hospital filed their Responses on January 31, 2022. (Docs. 160-62). Defendant Sproul

filed his Responses on February 28, 2022. (Docs. 197-98).

The Magistrate Judge issued the instant O&R on March 17, 2022. (Doc.209).

Therein, the Magistrate Judge recommends that the Court deny all of Plaintiff s Motions

for Summary Judgment. {Id. at 4-5). The Magistrate Judge also recommends that the Court

deny a Motion for Preliminary Injunction that Plaintiff filed on November 16,2021. {Id. at

3-4 (citing Doc. 131)). After receiving notice that Plaintiff had been transferred to the

Jackson County State Prison, the Court mailed the Magistrate Judge’s O&R to Plaintiffs

new address on April 5, 2022. (Doc. 211; see Docket). Plaintiff timely filed an Objection

on April 20, 2022.1 (Doc. 215).

STANDARD OF REVIEW

District courts have “the duty to conduct a careful and complete review” to

determine “whether to accept, reject, or modify” a magistrate judge’s order and

recommendation. Williams v. Wainwright, 681 F.2d 732,732 (11th Cir. 1982) (per curiam)

(citation omitted). The Court reviews de novo the dispositive portions of a magistrate

1

Although the Clerk of Court did not receive Plaintiffs Objection until April 25, 2022, Plaintiff

signed his Objection on April 20, 2022. {See Doc. 215 at 2). Under the “prison mailbox rule,” a pro se

prisoner “is presumed to have submitted his [legal filing] on the day he signed it, absent evidence to the

contrary.” Boatman v. Berreto, 938 F.3d 1275,1277—78 (11th Cir. 2019) (citation omitted). Thus, Plaintiff s

Objection is timely.

2

Case l:21-cv-00028-LAG-TQL Document 216 Filed 04/26/22 Page 3 of 4

judge’s order and recommendation to which a party objects and reviews the rest for clear

error. See 28 U.S.C. § 636(b)(1)(A), (C); Fed. R. Civ. P. 72(a), (b)(3). When a party’s

objections, however, are “[fjrivolous, conclusive, or general,” the Court “need not”

consider them. United States v. Schultz, 565 F.3d 1353, 1361 (11th Cir. 2009) (per curiam)

(citation omitted). An objecting party “must clearly advise the district court and pinpoint

the specific findings that the party disagrees with.” Id. at 1360.

DISCUSSION

In the O&R, the Magistrate Judge explained that Plaintiffs Motions for Summary

Judgments “consist merely of a reiteration of his claims as set out in his Complaint . . .

[and] summary conclusions that the facts as alleged establish the violation of his

constitutional rights.” (Doc. 209 at 4). Thus, the Magistrate Judge concluded that “Plaintiff

has failed to satisfy his burden of establishing that no genuine issues of material fact remain

in this case” and Plaintiffs Motions should be denied. (Id.). In his Objection, Plaintiff

argues that his Motions for Summary Judgment should not be dismissed because at the

time he filed his Motions, Defendants “only supplied him with the regulation sized white

legal envelopes” and all his filings “would not fit into the envelope . . . which caused

[Plaintiff] to have to supplement” his motions. (Doc.215 at 1). Plaintiff claims that

Defendants “limited [his] filing supplies,” which “obstructed” his “access to courts” and

his ability to comply with the Federal Rules of Civil Procedure and Local Rules governing

motions for summary judgment. (Id. at 1-2).

Plaintiffs first and second Motions for Summary Judgment on the claims against

Defendant Sproul, including supporting exhibits, are 45 and 65 pages long, respectively.

(See Docs. 143, 146). Plaintiffs Motion for Summary Judgment as to Defendants

Haugabrooks, Miller, and Montegerard is 108 pages long, the Motion for Summary

Judgment as to Defendants Miller, Joiner, and Kendrick—not including the 14 pages filed

as supplemental exhibits against Defendant Kendrick—is 115 pages long, the Motion for

Summary Judgment as to Defendants Adams and Watson is 138 pages long, and the Motion

for Summary Judgment as to Defendant Phoebe Putney Memorial Hospital is 145 pages

long. (See Docs. 147-50). In light of these voluminous filings, Plaintiffs claim that

3

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Case l:21-cv-00028-LAG-TQL Document 216 Filed 04/26/22 Page 4 of 4

Defendants obstructed his ability to file complete motions for summary judgment is

incredible. Moreover, Plaintiffs Objection is “[fjrivolous, conclusive, [and] general,” and

does not “clearly advise” the Court of “the specific findings that [he] disagrees with.” See

Schultz, 565 F.3d at 1360-61 (citations omitted). Plaintiffs Objection fails to address the

Magistrate Judge’s reason for concluding the Motions should be denied—that Plaintiff has

failed to establish no genuine issue of material fact remains. (Doc. 209 at 4).

Plaintiff does not object to the Magistrate Judge’s recommendation that the Court

deny his Motion for Preliminary Injunction. {See id. at 3-4). Accordingly, the Court has

reviewed the rest of the O&R for clear error and finds none therein. See 28 U.S.C.

§ 636(b)(1)(A); Fed. R. Civ. P. 72(a).

CONCLUSION

Upon a careful and complete review of the record, Plaintiffs Objection (Doc. 215)

is OVERRULED, and the Magistrate Judge’s Order & Recommendation (Doc. 209) is

ACCEPTED and ADOPTED as the Order of this Court. Plaintiffs Motion for

Preliminary Injunction (Doc. 131) and Plaintiffs Motions for Summary Judgment

(Docs. 143, 146-50) are DENIED.

SO ORDERED, this 26th day of April, 2022.

/s/ Leslie A. Gardner

LESLIE A. GARDNER, JUDGE

UNITED STATES DISTRICT COURT

4

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