Memorandum: SCCC Active Case Status Report

1, 2011

P!i"iI~ged.and <::0Il.tIdentill!.:--:: Att()rlley/Cli~llt~ri"il~g~:--::;\t!.0J:neY"~()r~e~"()~l1ct.

. . ~rotected: by the gules

of Evidence and/or Civil Procedure and shall not be disclosed to any third party.

MelTIorandulTI
Date: April 1, 2011
To:

Grey AbramslKaren Boyer

Cc:

Ms. Kelly Atwood - CCA

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

SCCC Active Case Status Report

BESTER, Latoney

#1:09':'0072

TDOC # 324260/paroled

u.S. Middle District
Filed: 10-26-09

Plaintiff claims he was denied medical care during lockdown and has filed his complaint
in the U.S. District Court. He has alleged civil rights viol8:tions against Warden
Lindamood and C/O Hill.
Defendants are SCCC, Cherry Lindamood, and Christopher Hill
This matter was settled with the Plaintiff, who is no longer incarcerated. An order
dismissing this case was entered and is now final. We are now closing this file.

FIELDS, Orlando

#2010CV4790

TDOC #263062
Plaintiff alleges an officer broke his TV.

Wayne Co. Chancery Ct.
Filed: 6-18-2010

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Memorandum: SCCC Active Case Status Report

1, 2011

Defendants are Corrections Corporation of America, Cherry Lindamood, Leigh Kilzer,
Tracy Sweat, and Phyllis Hodge
We have filed an Answer to Plaintiffs Complaint and filed a Motion to Dismiss.

The

State has filed a motion to dismiss which is appropriate to many of the plaintiffs claims.
Our motion is set for review by the Wayne County Chancery Court on April 28, 2011 and
we will await the Judge's decision. There may be some claims of the plaintiff that would
remain after the ruling but will keep all informed.
GRAVES, Eddie Frank

#10-100-IV

Davidson Co Chancery Ct.
Filed: 1-21-10

TDOC #261761

Petitioner claims to have been falsely accused of assault on an inmate by the disciplinary
committee.
Defendants are Cherry Lindamood
Our Motion to Dismiss was granted, but the Plaintiff filed a notice of appeal on
November 17, 2010 appealing the final judgment entered on November 1, 2010. The
Notice of Appeal was filed prior to our Order of Dismissal and references the date which
the Tennessee Department of Corrections defendants were dismissed. COA clerk only
has TDOC as party in appeal, and we are continuing to monitor, but have not filed any
notice at Appellate level.
GREEN, Shawn
TDOC #222170

#10-0068

u.S. Middle District Ct.
Filed: 7-26-10

Plaintiff alleges he is being denied his montWy hygiene kit.
Defendants are Corrections Corporation of America/South Central Correctional Facility,
Cherry Lindamood, Leigh Kilzer, Mark Hacker, Sabrina Tomlinson, and Kristen Buttram
The facility and all personnel have followed the proper policies and procedures as
established by the TDOC regarding the determination as to who can receive the indigent
hygiene kits. Plaintiff does not meet the criteria and therefore is not entitled to a kit.
What has been done for the plaintiff is provide to him a kit when he is in need and could

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Memorandum: SCCC Active Case Status Report

1,2011

not

for the kit out of his trust funds. What does occur is that certain stamps and other

items are removed when the

kit is given to plaintiff because he does not meet the

indigent standards. We have filed a response to the Plaintiffs complaint and have also
filed a Motion for Summary Judgment. Plaintiff has filed numerous motions with the
Court concerning amendments and discovery issues; we continue to respond to these
motions as we await a ruling on our MSJ.
HENDERSON, Henry

#1:07-0055

u.S. Middle District Ct
Filed: 7-10-07

TDOC #112868

Plaintiff alleges that CCA and its employees have violated a previous settlement
agreement entered into in compromise of a prior lawsuit by depriving him of his
property. Namely, Plaintiff alleges that the deprivation of his typewriter constituted a
violation of his right to access to the court.
Defendants are (from SCCC) Cherry Lindamood, Daniel Pritchard, Clarence Potts, Joe
Patterson, Brenda Caperton, Bobby Maples, Sonya Hefner, S McClain, Dwight Bumpus, .
Loreta Russell and Kevin Myers (from WCF) Steve Dotson, Grady Perry, Beverly Austin
Perry, Rosa Gant, Brandon Moore and Sabrina Williams Palmer
We have still not received a briefmg letter from the Sixth Circuit on this appeal. We are
drafting a motion to dismiss the appeal based upon the Plaintiffs failure to pay the partial
filing fee and general failure to comply with the Federal Rules of Appellate Procedure.
mCKS, Tony

#11-0010

TDOC #123429

u.S. Middle District
Filed: 2-14-11

Plaintiff claims that he hurt his back while working at the facility and that his injury has
not improved with our current treatment. He makes a demand of $250,000 in
compensatory damages. He has also sued for injunctive relief requesting to be sent for
another medical opinion and an MRI.
Defendants are Damon Hininger and Angela Steadmon
The original order of the Court dismissed his claim for damages. We have prepared a
motion requesting an extension to file a response in this matter and will be preparing an

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Memorandum: SCCC Active Case Status Report

1,2011

initial response to solely the injunctive claim;
HIMES, Walter

#2011cv4895

Wayne Co. Chancery
Filed: 3-2-11

TDOC #422067

Petitioner has filed in Wayne County Chancery Court a Petition for Writ of Certiorari
seeking review a disciplinary action in which Petitioner was found guilty of prison gang
activity. Petitioner claims proper disciplinary hearing protocol was not carried out by the
facility thereby violating his due process rights. Petitioner seeks to have the disciplinary
hearing decision rescinded; return of any fines or good time credit lost; and back pay
from prison job. Further, Petitioner asks to be returned to general population.
Defendants are CCA, Cherry Lindamood, Ryan Detherage, Elva Dicus, Gloria Lang and
James Sturgill-Thompson.
We have filed a Motion to Dismiss in this action. Our motion is set for review by the
Wayne County Chancery Court on April 28, 2001 and we will await the Judge's decision.
J9HNSON, Norman

#4485

Wayne Co. Circuit
Filed: 5-24-10

TDOC#

Plaintiff filed a negligence and failure to protect action in the circuit court of Wayne
County concerning injuries he received as a result of being stabbed by another inmate.
We removed this matter to District Court.
Defendants are CCA
We will be filing our motion for summary judgment within the next 30 days. Based upon
Plaintiffs claim being broughj only against CCA, we believe there is a high probability
of success on motion for summary judgment due to the adequacy offacility policies.

MARTIN, Holly
TDOC#

#4498

Wayne Co. Circuit
Filed: 12-16-10

1, 2011

Memorandum: SCCC Active Case Status Report

5

Plaintiff has filed a
in the Circuit Court ofW~:yne CollI1tyalleging neglig~l1?~
of the facility and CCA regarding the escape of inmate Hester and his kidnapping and
imprisonment of plaintiff during the escape
Defendants are SCCC/ CCA
We have just received this complaint and further factual investigation is necessary. We
do know that the public duty doctrine will be pled along with the fault and actions of the
inmate. We have made contact with the plaintiffs attorney and continue to discuss the
claims. We have received an open ended extension to answer the complaint and
discovery.
MEANS, Courtney

#2010-cv-4778

TDOC # 375663

Wayne Co. Chancery
Filed: 6-1-10

Plaintiff seeks review of a disciplinary hearing which he was charged with solicitation of
staff.
Defendants are Cherry Lindamood, Corrections Corporation of America, Jessica Garrett,
and Trinity Waters
Our Motion to Dismiss has been granted and the Plaintiff has not filed an appeal;
therefore we have now closed this file.
MITCHELL, Robert L.
TDOC #211035

1:10-0105

u.S. Middle District
Filed: 11-8-10

Plaintiff alleges he fell down a staircase will returning from a job assignment. He alleges
that this fall cause injuries to his hip and back. He alleges that while the facility did take
the Plaintiff to outside physicians for examination, the facility did not follow-up with the
recommended treatments/procedures, thereby being deliberate indifferent to his serious
medical need.
Defendants are Damon Hininger, Cherry Lindamood, Angela Steadman, and Daniel
Pritchard.
We have filed an Answer in response to Plaintiffs complaint.

1,2011

Memorandum: SCCC Active Case Status Report

MILLS, David

1:10-0015

6

u.S. Middle District
Filed: 3-9-10

TDOC # 381853

Plaintiff has brought a negligence and deliberate indifference to his medical needs and
health and safety action in District Court. Plaintiff alleges that his cell was repeatedly
filled with water due to an adjacent shower that was leaking. He alleges that he was
exposed to harmful conditions (dirty water from showers, mold, etc). He further alleges
that he slipped and was injured as a result, and that he was denied proper medical care.
Defendants are Lindamood, Strickland, Pool, Cogswell, Hendrix, Killingsworth, Bass,
Leibach, Rilley, Brandy, Kilzer, Boyd, Ulmer, McKintosh, and Corrections Corporation
of America
The Court dismissed all of Plaintiff's claims. Plaintiff then filed an untimely notice of
appeal. We have filed a motion to dismiss his appeal due to untimeliness. The Sixth
Circuit has issued a show cause order to Plaintiff ordering that Plaintiff explain why his
case should not be dismissed for untimeliness. His response is due in mid-April.
MONTAGUE, Charles

#3:10-0443

TDOC # 142349

U.S. Middle District
Filed: 4-23-10

Plaintiff brought an action in District Court alleging a property deprivation because he
did not receive a Christmas package that was allegedly mailed to him and that he was
allegedly exposed to mold. Plaintiff also alleges religious discrimination because he and
other Muslims are not permitted to pool their trust fund accounts to purchase religious
aids for their common use.
Defendants are Corrections Corporation of America, Cherry Lindamood, Leigh Kilzer,
Randall Runions, Joe Patterson, Tanya Rich and Daniel Pritchard
We continue to respond and defeat plaintiffs motions for default, preliminary injunction,
extensions and to compel and we believe that we have finally resolved all discovery
disputes alleged by the plaintiff. Now that these procedural matters are resolved then we
will move for judgment and dismissal.

1,2011

Memorandum: SCCC Active Case Status Report

SHARKEY, Dewayne

#07C2143

TDOC#371383

7

Davidson Co. Circuit Ct.
Filed: 7-27-07

Plaintiff alleges that Defendants were deliberately indifferent to Plaintiffs medical needs.
Defendants are CCA and Cherry Lindamood
By agreement with Plaintiff's counsel, we stayed a hearing on our motion for summary
judgment pending the resolution of Plaintiff's appeal of the summary judgment granted to
Dr. O'Toole. The Court of Appeals recently entered an order affirming Dr. O'Toole's
dismissal and we have made attempts to contact Plaintiffs counsel for an agreed
dismissal but have received no response. We will continue our efforts to reach an agreed
dismissal.
SUTHERLAND, Carl
TDOC#323381

#02-4390

Wayne Co Circuit Ct
Filed:

Plaintiff alleges he did not receive a job because of discrimination and that we violated
his civil rights as to the 1st amendment and due process regarding the filing of grievances.
Plaintiff seeks nominal damages and alleged lost wages of $7.00 per hour because of the
lack ofajob. Plaintiff also seeks punitive damages of$7,500.
Defendants are Cherry Lindamood, Gene Maples, Teresa Cogswell, Heather Reeves,
Leigh Kilzer
The Court of Appeals has upheld the dismissal of the trial court and entered an Opinion
and Judgment in this matter. Plaintiff has appealed to the Tenn. Supreme Court and we
are monitoring.
WILLIAMS, Jr., Eddie
TDOC#121015

#1:08-0057

U.S. Middle District
Filed: 1-23-08

Plaintiff alleges violation of his constitutional rights because of his limited access to the
law library.

1,2011

8

Memorandum: SCCC Active Case Status Report

Defendants are Warden Cherry Lindamood, Sara Deltedesco, Chris Lambert, Josh
c~",c"c""C"c"c'ccc·cc.,

Chabera, and Leigh Kilzer
The Court of Appeals pennitted Plaintiff to proceed IFP and also appointed him counsel.
No counsel has actually yet been appointed and we are waiting for a briefing schedule.
WILLIAMS, Michael

#1:09-0054

TDOC# 101154

U.S. Middle District
Filed: 8-25-09

Plaintiff asserts a 1983 claim that his civil rights were violated because Defendants failed
to protect him from alleged injuries he received from gang violence.
Defendants are Mark Hacker, Jesse Stilwagen and Thomas Wallace
We will be filing a motion for summary judgment within the next 30 days. We believe
that all facts and discovery clearly show that we did not violate his constitutional rights
and that plaintiff did not properly file his case.