Guajardo v. Correction Corporation of America, No. 3:2013mc00102 - Document 6 (M.D. Tenn. 2013)
Court Description: MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 12/6/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MARTIN GUAJARDO Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA Defendant. ] ] ] ] ] ] ] ] No. (No. 3:13-mc-0102) Judge Trauger M E M O R A N D U M The plaintiff, proceeding pro se, is an inmate at the Metro Davidson County Detention Facility in Nashville. He brings this action against Corrections Corporation of America, the entity under contract to operate the Detention Facility, seeking injunctive relief and damages. In October, the plaintiff developed an infection that caused him to scratch his itching skin and develop bleeding sores. The plaintiff alleges that he was denied adequate medical care for his malady. When claiming a constitutional violation, the plaintiff can not sue the defendant solely because of its status as an employer or supervisor. Polk County v. Dodson, 454 U.S. 312, 325 (1981). A theory of respondeat superior will not support such a claim. There must be an allegation of participation, either directly or indirectly, by the employer or supervisor in an allegedly wrongful act. In the absence of some type of participation by the defendant, the complaint fails to state a cause of action upon which relief can be granted. See Dunn v. Tennessee, 697 F.2d 121, 128 (6th Cir.1982), cert. denied, 460 U.S. 1086 (1983). In this case, there are no factual allegations from which the Court could infer that the defendant had any part in the medical decisions being made for the care of the plaintiff. Personal liability must be based on the actions of that defendant in the situation that the defendant faced, and not based on any problems caused by the errors of others. Gibson v. Matthews, 926 F.2d 532, 535 (6th Cir.1991). Consequently, this action is subject to dismissal because the plaintiff has failed to state a claim against the defendant upon which relief can be granted. 28 U.S.C. ยง 1915(e)(2). An appropriate order will be entered. ____________________________ Aleta A. Trauger United States District Judge
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