United States District Court, W.D. Tennessee, Western Division
LESLIE D. COFFEY, Plaintiff,
PAULA SUE COFFEY, Individually; ELIZABETH HILL, Individually; KATHLEEN OVERTON, Individually; RICK RUSHWORTH, Individually; ANGELA MORGAN FORBES, Individually; ANNA JONES LEDFORD, Individually; TOBY LEDFORD, Individually; PATRCIK, BEARD, SCHULMAN, AND JOCOWAY, PLLC; HAMILTON COUNTY TENNESSEE SCHOOL SYSTEMS; HAMILTON COUNTY SHERIFF JIM HAMMOND; HAMILTON COUNTY TENNESSEE; CITY OF LOOKOUT MOUNTAIN, TENNESSEE; RANDY BOWDEN, in his Official Capacity as Chief of Police of Lookout Mountain, Tennessee; CITY OF CHATTANOOGA TENNESSEE POLICE DEPARTMENT; and WILLIAM E. (BILL) YOUNG, ADMINISTRATOR OF COURTS FOR THE STATE OF TENNESSEE, Defendants
Leslie D. Coffey, Plaintiff, Pro se, Trumann, AR.
For Elizabeth Hill, Patrcik Beard Schulman and Jacoway PLLC, Defendants: Michael Alan Anderson, Patrick, Beard, Schulman & Jacoway, P.C., Chattanooga, TN.
Kathleen Overton, Defendant, Pro se, Hixson, TN.
For Rick Rushworth, Hamilton County Tennessee School Systems, Defendants: David Scott Bennett, LEITNER WILLIAMS DOOLEY & NAPOLITAN PLLC-Chattanooga, Chattanooga, TN.
For Angela Morgan Forbes, city of Chattanooga Tennessee Police Department, Defendants: Phillip Noblett, LEAD ATTORNEY, Chattanooga City Attorney's Office, Chattanooga, TN; Keith Jay Reisman, Office of City Attorney, Chattanooga, TN.
For Jim Hammond, Hamilton County Sheriff, Hamilton County Tennessee, Defendants: R. Dee Hobbs, LEAD ATTORNEY, HAMILTON COUNTY ATTORNEY'S OFFICE, Chattanooga, TN.
For City of Lookout Mountain Tennessee, Randy Bowden, In his official Capacity as Chief of Police of the City of Lookout Mountain Tennessee, Defendants: Edward J. McKenney, Jr., LEAD ATTORNEY, HARRIS SHELTON HANOVER WALSH, PLLC., Memphis, TN; William J. Wyatt, Harris Shelton Hanover Walsh, PLLC, Memphis, TN.
REPORT AND RECOMMENDATION ON THE MOTION TO DISMISS FILED BY DEFENDANTS ELIZABETH HILL AND PATRICK, BEARD, SCHULMAN & JACOWAY, P.C.
DIANE K. VESCOVO, UNITED STATES MAGISTRATE JUDGE.
On November 24, 2014, the plaintiff, Leslie D. Coffey (" Coffey"), a resident of Trumann, Arkansas, filed a pro se complaint against the above-listed defendants alleging deprivations of rights under 42 U.S.C. § 1983 and violations of the American with Disabilities Act (" ADA"), 42 U.S.C. § 12101 et seq. (Compl., ECF No. 1.) This case has been referred to the United States Magistrate Judge for management and for all pretrial matters for determination and/or report and recommendation as appropriate. (Admin. Order 2013-05, Apr. 29, 2013.)
Now before the court is the motion filed by defendants Elizabeth Hill (" Hill") and Patrick, Beard, Schulman & Jacoway, P.C. (collectively " the defendants") to dismiss the complaint for failure to state a claim upon which relief can be granted and for improper venue. (Mot. to Dismiss, ECF No. 32.) Coffey responded to the motion on January 21, 2015. (ECF No. 47.) For the reasons that follow, it is recommended that Coffey's complaint be dismissed in its entirety for improper venue.
I. PROPOSED FINDINGS OF FACT
This complaint arises out of Coffey's custody battle with Paula Sue Coffey, the mother of his children. Coffey alleges that defendants Paula Sue Coffey, Hill, Kathleen Overton, Rick Rushworth, Angela Morgan Forbes, Anna Jones Ledford, and Toby Ledfords " committed several ongoing acts of civil rights violations by interfering with the custody of [Coffey's] children, taking of false warrants for [Coffey's] arrest, numerous ex-parte Temporary Protective Orders, filing false police reports, making false and slanderous statements, abusive litigation and harassing [Coffey]." (Id. at 5.) According to Coffey, the defendants Hamilton Schools, Jim Hammond, Hamilton County, City of Lookout Mountain, Randy Bowen, the City of Chattanooga Police Department, and Patrick, Beard, Schulman & Jacoway P.C. assisted in the civil rights violations described above. (Id. at 5-6.)
Further, Coffey alleges that the Sheriff of Hamilton County, the State of Tennessee, and the Court denied him access to the legal system in violation of the ADA. (Id. at 4-5.) On January 30, 2014, Coffey filed a notice with the Hamilton County Circuit Court that due to his medical condition he was unable to attend future hearings in a civil matter before the Hamilton County Court Division III. (Id. at 4.) Coffey requested that he be allowed to attend a hearing set for February 10, 2014, by phone. (Id.) Nevertheless, Coffey alleges, the court made no efforts to provide Coffey with access to the hearing and held the February 10, 2014 hearing without him. (Id.) Coffey states that ...