2:25-cv-02579•Smalls v. Shelby County (Sheriffs)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION SHEQUITA SMALLS, on behalf of ) DERRICK SMALLS, deceased, ) ) Plaintiff, ) ) v. ) No. 25-cv-02579-SHL-tmp ) SHELBY COUNTY, ) ) Defendant. ) REPORT AND RECOMMENDATION Before the court is pro se plaintiff Shequita Smalls’s Complaint, filed on June 9, 2025 (ECF No. 2), as well as her amended complaint, filed on November 20, 2025 (ECF No. 9).1 Because Smalls is proceeding in forma pauperis, the court must screen the complaints pursuant to 28 U.S.C. § 1915(e)(2).2 For the reasons below, the undersigned recommends that Smalls’s complaints be dismissed. I. PROPOSED FINDINGS OF FACT 1Pursuant to Administrative Order No. 2013-05, this case has been referred to the undersigned United States magistrate judge for management of all pretrial matters for determination or report and recommendation, as appropriate. 2The court granted plaintiff leave to proceed in forma pauperis on October 31, 2025. (ECF No. 7.) Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 1 of 12 PageID <pageID>
- 2 - This case involves the tragic death of Shequita Smalls’s husband, Derrick Smalls. Shequita Smalls’s complaint is brought under 42 U.S.C. § 1983, alleging a violation of Derrick Smalls’s Fourth Amendment rights and “excessive force, failure to provide medical care, or civil rights violations.” (ECF No. 2-1 at PageID 6.) However, the original complaint provides no further factual allegations to support her claim. In an order sua sponte granting Smalls leave to file an amended complaint on October 31, 2025, the undersigned noted that Smalls had attached to her original complaint several exhibits containing medical records that provided some background regarding Derrick Smalls’s death. (ECF No. 8.) The medical reports seem to indicate that the decedent was in custody undergoing the process of being released when he became non-compliant and was placed in a restraint chair, after which he became unresponsive. (ECF No. 2-1 at PageID 26, 36, 42-43.) He was then taken to the hospital where he passed away during treatment. (Id. at PageID 9.) Based on these records, the undersigned granted Smalls leave to amend her complaint. In the amended complaint, Smalls lists the names of jailers at the Shelby County Sheriff’s Office, medical staff at the jail, and airport police officers without specifying any alleged unconstitutional actions taken by any particular individual. (ECF No. 9 at PageID 2-3.) She also claims there is “evidence now available [to] demonstrate[] that (1) Derrick Smalls was Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 2 of 12 PageID <pageID>
- 3 - experiencing a trauma-induced psychotic episode, (2) standard mental health crisis protocols were not initiated, (3) custodial staff failed to provide timely medical assessment, and (4) subsequent restraint and handling procedures contributed to his medical deterioration.” (Id. at PageID 5.) Smalls describes how her husband “was observed pacing and talking to himself prior to release[,]” the “Detention Response Team (DRT) entered with shock gloves[,]” and he was “placed in a restraint chair and subsequently ended up on the floor.” (Id. at PageID 7.) The amended complaint states that “portions of the footage were not visible, and key events could not be clearly observed.” (Id. at PageID 8.) Smalls ends her amended complaint with a conclusory statement that “[t]hese conditions are consistent with severe psychological distress occurring after prolonged restraint, inadequate medical assessment, and potentially delayed emergency intervention,” without specific allegations as to such misconduct by any particular Shelby County agent or officer. (Id. at PageID 9-10.) II. PROPOSED CONCLUSIONS OF LAW A. 28 U.S.C. § 1915 Screening 1. Standard of Review This court is required to screen in forma pauperis complaints and must dismiss any complaint, or any portion thereof, if the action: (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 3 of 12 PageID <pageID>
- 4 - against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i-iii). To avoid dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); see also Fed. R. Civ. P. 12(b)(6). “A claim is plausible on its face if the ‘plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’” Ctr. for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d 365, 369 (6th Cir. 2011) (quoting Iqbal, 556 U.S. at 678); see also Crestman as Next Friend to Wooden v. Metro. Gov’t of Nash. and Davidson Cnty., Tenn., No. 24-6018, 2025 WL 2650582, at *2 (6th Cir. Sept. 16, 2025). Without factual allegations in support, mere legal conclusions are not entitled to the assumption of truth. Iqbal, 556 U.S. at 679. Pro se complaints are held to less stringent standards than formal pleadings drafted by lawyers and are thus liberally construed. Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011); Kremer v. Unilever, PLC, No. 24-cv-01410, 2025 WL 2674556, at *6 (M.D. Tenn Sept. 18, 2025). Even so, pro so litigants must adhere to the Federal Rules of Civil Procedure, see Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989), and the court cannot create a claim that has not been spelled out in a pleading. See Brown v. Matauszak, 415 F. App’x 608, 613 (6th Cir. 2011); Payne v. Sec’y Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 4 of 12 PageID <pageID>
- 5 - of Treas., 73 F. App’x 836, 837 (6th Cir. 2003); Wooden v. Lee, No. 24-cv-01052, 2025 WL 2678796, at *5 (W.D. Tenn. Sept. 18, 2025). 2. Section 1983 Claims Smalls’s complaint is styled as an action brought under 42 U.S.C. § 1983. (ECF Nos. 2, 9.) “To succeed on a § 1983 claim, a plaintiff must first identify a constitutional right, then show that a person acting under the color of state law deprived him of that right.” Susselman v. Washtenaw Cnty. Sheriff’s Office, 109 F.4th 864, 870 (6th Cir. 2024) (citing Troutman v. Louisville Metro Dep’t of Corr., 979 F.3d 472, 482 (6th Cir. 2020)). In a case brought against municipal defendants such as the County, a plaintiff must plausibly allege the existence of an unlawful policy or custom. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978); see also Hart v. City of Grand Rapids, 138 F.4th 409, 425 (6th Cir. 2025). Even though Smalls’s complaint sufficiently alleges a constitutional violation, she does not provide any factual allegations to support that the municipal defendant had an unlawful policy or custom that deprived Derrick Smalls of a constitutional right. “Unlike states, . . . local governments, municipalities, and counties are considered ‘persons’ within the meaning of 42 U.S.C. § 1983[.]” Alkire v. Irving, 330 F.3d 802, 814 (6th Cir. 2003); see also Wright v. Louisville Metro Gov’t, 144 F.4th 817, 827 (6th Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 5 of 12 PageID <pageID>
- 6 - Cir. 2025). However, a municipality cannot be held liable under § 1983 for the constitutional violations of its employees on a theory of respondeat superior. Morris v. City of Memphis, No. 19-cv-2874- MSN-tmp, 2021 WL 1878357, at *3 (W.D. Tenn. Apr. 20, 2021) (citing Monell, 436 U.S. at 694). “Rather, the [County] may be held only directly liable ‘for unconstitutional policies, practices, or customs that were the moving force behind the deprivation of plaintiffs’ rights.” Id. (quoting Pethel v. State Dep’t of Children Servs., No. 3:10-cv-469-TAV-HBG, 2020 WL 6827791, at *16 (E.D. Tenn. Nov. 20, 2020) and citing Monell, 436 U.S. at 694) (internal quotations omitted). The Sixth Circuit has identified “at least four avenues” through which a plaintiff may prove the existence of a municipality’s unlawful policy or custom. Franklin v. Franklin Cnty., 115 F.4th 461, 470 (6th Cir. 2024) (quoting Thomas v. City of Chattanooga, 398 F.3d 426, 429 (6th Cir. 2005)). These include: “(1) the municipality’s legislative enactments or official agency policies; (2) actions taken by officials with final decision- making authority; (3) a policy of inadequate training or supervision; or (4) a custom of tolerance or acquiescence of federal rights violations.” Id. “In the context of [§] 1983 municipal liability, district courts in the Sixth Circuit have interpreted Iqbal’s standards strictly.” Epperson v. City of Humboldt, Tenn., 140 F. Supp. 3d 676, 685 (W.D. Tenn. 2015) Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 6 of 12 PageID <pageID>
- 7 - (quoting Hutchison v. Metro. Gov’t of Nashville & Davidson Cnty., 685 F. Supp. 2d 747, 751 (M.D. Tenn. 2010)) (additional citations omitted); see also Stacy v. Clarksville Police Dep’t, 771 F Supp. 3d 1024, 1034 (M.D. Tenn. 2025). At the Rule 12(b)(6) stage, the Sixth Circuit has routinely found that conclusory, speculative allegations are insufficient to state a plausible claim for relief against a municipality. See, e.g., Brent v. Wayne Cnty. Dep’t of Human Servs., 901 F.3d 656, 698 (6th Cir. 2018) (affirming dismissal of plaintiff’s municipal liability claim where complaint failed to allege “a single fact” suggesting that Fourth Amendment violations were the result of defendant city’s custom or policy); D’Ambrosio v. Marino, 747 F.3d 378, 387-88 (6th Cir. 2014) (applying four-prong custom of tolerance standard to hold that plaintiff’s “lone, conclusory allegation” of employee’s misconduct did not state a plausible claim of municipal liability); see also Meyer v. Day, No. 4:25- CV-P16-JHM, 2025 WL 1932175, at *5 (W.D. Ky. July 14, 2025) (finding that plaintiff’s complaint did not sufficiently identify specific officers who used force); Koren v. Neil, No. 1:21-cv-9, 2022 WL 974340, at *9 (S.D. Ohio Mar. 31, 2022) (in a case involving a jail’s use of a restraint chair, explaining that “a plaintiff must first identify an employee who committed the constitutional violation” and demonstrate a causal connection between the county’s conduct and the deprivation alleged). Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 7 of 12 PageID <pageID>
- 8 - By contrast, in cases where the Sixth Circuit has found that complaints satisfied the plausibility requirement, those complaints contained at least some details as to the custom or practice challenged and identified specific instances of similar past conduct. See, e.g., Osberry v. Slusher, 750 F. App’x 385, 398 (6th Cir. 2018) (quoting Iqbal, 556 U.S. at 680) (finding that six prior cases of alleged unconstitutional conduct identified in plaintiff’s amended complaint “nudge[d] Osberry’s Monell claim ‘across the line from conceivable to plausible’” under Iqbal’s pleading standard); Green v. Metro Gov’t of Nashville and Davidson Cnty., 482 F. App’x 63, 65-66 (6th Cir. 2012) (reversing dismissal of municipal liability claim where plaintiff “did not merely allege a policy of enforcing facially invalid state court order,” but offered discrete statements from two county employees that this was the county’s policy in amended complaint). Here, Smalls does not identify any discrete examples of similar constitutional violations within the four corners of her original or amended complaints. She instead makes only conclusory allegations with no further explanation that her husband’s “ultimate death result[ed] from mishandling” and “procedural failures by law enforcement and detention personnel—including failure to initiate crisis response, failure to conduct intake assessment, improper use of restraints, and delayed medical response.” (ECF No. 9 at PageID 10-11.) “Allowing [p]laintiff’s Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 8 of 12 PageID <pageID>
- 9 - single incident to support a finding of municipal liability would ‘result in the collapsing of the municipal liability standard into a simple respondeat superior standard.’” Doe v. Shelby Cnty. Gov’t, No. 2:18-cv-02637-JPM/tmp, 2020 WL 5995507, at *7 (W.D. Tenn. Oct. 9, 2020) (quoting Thomas, 398 F.3d at 432-33). Because “[t]his path to municipal liability has been forbidden by the Supreme Court,” Smalls’s conclusory allegations, without more, are not sufficient to state a claim under § 1983. Thomas, 398 F.3d at 433 (citations omitted); see also Bickerstaff v. Lucarelli, 830 F.3d 388, 402 (6th Cir. 2016) (“With no factual allegations showing a formal policy or any prior incidents to support the [defendant’s] adoption of such an informal practice or custom, [plaintiff’s] Monell municipal-liability claim accordingly fails.”). In sum, Smalls has not plausibly alleged that Shelby County so inadequately failed to train its officers or ignored a pattern of sufficiently similar constitutional violations for municipal liability to attach. Accordingly, the plaintiff’s claims under § 1983 should be dismissed. Smalls also attempts to add individual officers to be “sued in their individual and official capacities.”3 (ECF No. 9 at PageID 3Smalls attempts to add the following individuals as defendants in her amended complaint: Glasper Kirkland, Keith Williams, DeAngelo Harris, Trevis Matthews, Jamar Robertson, Christian Avalos, Mario Ross, Tremaine Turner, Camry Porter, Rozell Gulledge, Brandon White, Rodney Jones, Dr. Oscar Webb, Gara Christian, Deanna Virges, Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 9 of 12 PageID <pageID>
- 10 - 2.) When a government official is sued in their official capacity, courts treat it as “the equivalent of a suit against the governmental entity,” so the Monell requirements would still apply. Lane v. City of Lafollette, 490 F.3d 410, 423 (6th Cir. 2007); Matthews v. Jones, 35 F.3d 1046, 1049 (6th Cir. 1994); see also Lee v. Mayfield, No. 25-5233, 2025 WL 726856, at *2 (6th Cir. Aug. 26, 2025); Enoch v. Hamilton Cnty. Sheriff’s Office, 818 F. App’x 398, 406 (6th Cir. 2020). Since Smalls’s amended complaint still fails to adequately state a § 1983 claim that would meet the Monell standard, the amendment would be futile as to the claims against the County and the officers in their official capacity. Riverview Health Inst. LLC v. Med. Mut. of Ohio, 601 F.3d 505, 512 (6th Cir. 2010) (explaining that a proposed amendment is futile if the amendment could not withstand a Rule 12(b)(6) motion to dismiss); see also Greer v. Strange Honey Farm, LLC, 114 F.4th 605, 617 (6th Cir. 2024). Regarding the suit against the named officers and staff individually, Smalls merely lists them as being involved in the encounter. (ECF No. 9 at PageID 2.) However, “damages claims against government officials arising from alleged violations of constitutional rights must allege, with particularity, facts that demonstrate what each defendant did to violate the . . . right . Latanza Wilson, Officer DeWayne Tippett, Officer David Mastin, and Officer Richard McCain. Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 10 of 12 PageID <pageID>
- 11 - . . . [and] separately analyz[ing] the constitutionality of the individual actions of each defendant.” Lanman v. Hinson, 529 F.3d 673, 684 (6th Cir. 2008) (citing Terrance v. Northville Reg'l Psychiatric Hosp., 286 F.3d 834, 842 (6th Cir. 2002)); see also Mobley v. U.S. Dep’t of Justice, No. 2:22-cv-02860-SHM-tmp, 2024 WL 712889, at *6 (W.D. Tenn. Feb. 21, 2024). Smalls does not identify how any particular individual acted to violate her husband’s constitutional rights, nor does she provide facts alleging which of the named officers and staff were personally responsible for which parts of the encounter. Thus, her amended complaint does not meet the standard of individual liability against the officers and staff. III. RECOMMENDATION For the foregoing reasons, the undersigned recommends that plaintiff’s complaints be dismissed. Respectfully submitted, s/ Tu M. Pham TU M. PHAM Chief United States Magistrate Judge December 4, 2025 Date NOTICE WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THIS REPORT AND RECOMMENDED DISPOSITION, ANY PARTY MAY SERVE AND FILE SPECIFIC WRITTEN OBJECTIONS TO THE PROPOSED FINDINGS AND RECOMMENDATIONS. ANY PARTY MAY RESPOND TO ANOTHER PARTY’S OBJECTIONS WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 11 of 12 PageID <pageID>
- 12 - COPY. 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(2); L.R. 72.1(g)(2). FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS MAY CONSTITUTE A WAIVER AND/OR FORFEITURE OF OBJECTIONS, EXCEPTIONS, AND FURTHER APPEAL. Case 2:25-cv-02579-SHL-tmp Document 10 Filed 12/04/25 Page 12 of 12 PageID <pageID>
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