United States District Court, E.D. Texas, Lufkin Division
SCOTT W. GRAVES
GREGORY L. GRAY, et al.,
MEMORANDUM OPINION AND ORDER
Clark, Senior District Judge.
Scott W. Graves, an inmate formerly confined at the Gib Lewis
Unit with the Texas Department of Criminal Justice,
Correctional Institutions Division, proceeding pro
se and in forma pauperis, filed this civil
rights action pursuant to 42 U.S.C. § 1983 against
defendants Terry L. Andrews, Richard Bledsoe, Joe S. Collins
and Joseph M. Pellegrino.
& Procedural Background
alleges that on February 19, 2016, he was in an altercation
with correctional officers where he was picked up in the air
and slammed into a cell door while handcuffed with his hands
behind his back. Amended Complaint (docket entry no. 29).
Plaintiff contends that he was then slammed to the floor,
punched in the face, stomach, back, legs, and thighs and his
head was slammed to the floor at least two times.
Id. Plaintiff states this was done by defendants
Pellegrino and Bledsoe. Id. Plaintiff then alleges
while lying on the floor, defendant Collins walked up to him
and stomped on his head while “they all” laughed
at him. Id. Plaintiff also alleges defendant Andrews
was there and did nothing to stop what was going on.
contends he was put on a stretcher and sent to the Tyler
County Hospital where, allegedly, all the hospital did was
“reshape” his head and send him back to the unit.
Id. Plaintiff states he was put back in closed
custody where he ended up getting in another fight which
caused more injuries to his skull. Id.
contends further he was assaulted again on May 23, 2016.
Id. Plaintiff states he was slammed into a wall in
the medical facility and then slammed to the floor.
Id. Plaintiff also alleges he was punched in the
face, kicked in the stomach and in the head at least ten
times. Id. Plaintiff then states he was pulled off
the floor unconscious and was told that nothing was wrong
with him by medical staff. Id. Plaintiff
contends he was ultimately taken to his single cell and
thrown in his cell without receiving any medical attention.
Id. Plaintiff does not state who specifically
assaulted him on May 23, 2016 but it would appear he makes
these allegations against the same defendants involved in the
February 19, 2016 incident. Id.
respect to his injuries, plaintiff alleges his skull has
“fallen in” on the sides of his forehead giving
it a misshaped look. Id. He states the front part of
his forehead is pushed in on the sides and then comes to a
cone shape from the back of his skull to the top of his
forehead. Id. Plaintiff alleges his right eye is
lower than his left eye due to broken bones in his face and
around his eyes. Id. In addition, plaintiff states
his nose is broken which causes him to snore really loud and
his jaw is broken on both sides.
seeks a declaration that his constitutional rights were
violated, $500, 000.00 in compensatory damages and $500,
000.00 in punitive damages. Id.
for Summary Judgment Defendants filed an Amended Motion for
Summary Judgment on July 24, 2019 (docket entry no.
184). Defendants argue plaintiff has failed to
exhaust his administrative remedies, his official capacity
claims are barred by Eleventh Amendment immunity, and they
are entitled to qualified immunity. The defendants rely on
the following in support of their motion for summary
Exhibit A: TDCJ Grievance Records relating to Use of Force
Report No. M-01063-02-16;
Exhibit B: TDCJ Correctional Managed Care, Health Services
Archives relating to Use of Force Report No. M-01063-02-16;
Exhibit C: TDCJ Use of Force Report No. M-01063-02-16;
Exhibit D: TDCJ Grievance Records relating to Use of Force
Report No. M-03168-05-16;
Exhibit E: TDCJ Correctional Managed Care, Health Services
Archives relating to Use of Force Report No. M-03168-05-16;
Exhibit F: TDCJ Use of Force Report No. M-03168-05-16.
has not filed a formal reply to the motion for summary
judgment. Plaintiff did file what appear to be exhibits in
response (docket entry no. 185). However, the majority of the
information contained in the exhibits are not legible as they
were written in pencil. Plaintiff's Amended Complaint,
however, filed January 17, 2017 (docket entry no. 29) is
verified and considered competent summary judgment evidence.
King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994);
accord Hart v. Hairston, 343 F.3d 762, 76 (5th Cir.