Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Graves v. Gray

United States District Court, E.D. Texas, Lufkin Division

January 9, 2020

SCOTT W. GRAVES
v.
GREGORY L. GRAY, et al.,

          MEMORANDUM OPINION AND ORDER

          Ron Clark, Senior District Judge.

         Plaintiff, 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.

         Factual & Procedural Background

         Plaintiff 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. Id.

         Plaintiff 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.

         Plaintiff 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.[1] 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.

         With 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.

         Plaintiff seeks a declaration that his constitutional rights were violated, $500, 000.00 in compensatory damages and $500, 000.00 in punitive damages. Id.

         Motion for Summary Judgment Defendants filed an Amended Motion for Summary Judgment on July 24, 2019 (docket entry no. 184).[2] 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 judgment:

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.

         Plaintiff 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.[3] 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. 2003) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.