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.

Smith v. Riles

United States District Court, W.D. Tennessee, Western Division

December 8, 2016

TYREE C. SMITH, Plaintiff,
v.
SHERIFF BOBBY RILES, CHIEF DEPUTY RICKY WILSON, FAYETTE COUNTY SHERIFF'S DEPARTMENT Defendants.

          REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS

          DIANE K. VESCOVO CHIEF UNITED STATES MAGISTRATE JUDGE

         On August 24, 2016, the plaintiff, Tyree C. Smith (“Smith”), filed a pro se complaint under 42 U.S.C. § 1983, against Sheriff Bobby Riles (“Sheriff Riles”), Chief Deputy Ricky Wilson (“Chief Deputy Wilson”), and the Fayette County Sheriff's Department (collectively, “the Defendants”) alleging generally, among other things, violation of his constitutional rights. (ECF No. 1.) He paid the case initiation fee.

         Before the court is the motion of the Defendants, filed on October 19, 2016, to dismiss the complaint pursuant to Rule 2(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim. (ECF No. 17.) Smith did not respond to the motion, and the time for response has expired. 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.) For the reasons that follow, the court recommends that Smith's complaint be dismissed under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted.

         I. PROPOSED FINDINGS OF FACT

         Smith filed this lawsuit on a court-supplied complaint form entitled “Complaint for Violation of Civil Rights Under 42 U.S.C. § 1983.” The facts of the case are set out in a 14-page, 100-paragraph typed attachment, which the court accepts as true for the purposes of ruling on the motion to dismiss. (Fed. Civil Claim, ECF No. 1-1.) Smith's claims against Chief Deputy Wilson, Sheriff Riles, and the Fayette County Sheriff's Department arise out of his arrest on August 16, 2016 for driving on a suspended license.

         Prior to his arrest on August 16, 2016, Smith had been detained for an unspecified period at the Fayette County Detention Center (“FCDC”), during which time he filed a “formal jailhouse complaint.” (Fed. Civil Claim ¶¶ 5-6, ECF No. 1-1.) After Smith was released from the FCDC on July 7, 2016, Sheriff Riles called Smith and asked him to come to the police station in Somerville, Tennessee to discuss his jailhouse complaint. (Id. at ¶¶ 7-17.) Smith alleges that Sheriff Riles “literally insisted that [he] drive to Somerville, Tennessee and speak with one of his investigators about [his] formal jailhouse complaint.” (Id. at ¶ 12.) Smith insists that Sheriff Riles knew that Smith's driver's license was suspended, but that he instructed Smith to drive anyway. (Id. at ¶ 13.) Smith claims that he was unable to record this particular phone conversation with Sheriff Riles. (Id. at ¶¶ 17-20.)

         Even though his license was suspended, Smith “like a fool, . . . ended up driving [his] vehicle back out to Somerville, Tennessee” to the police station on August 16, 2016 and met with Chief Deputy Wilson to discuss his jailhouse complaint. (Id. at ¶¶ 1, 21, 23.) Smith told Chief Deputy Wilson that a friend drove him to the meeting, when in fact he drove himself to Somerville on a suspended license. (Id. at ¶¶ 42-43.) Smith stated when they began discussing the jailhouse complaint, Chief Deputy Wilson became “very ‘red' in the face, ” (id. at ¶ 29), and he “quickly jumped out of his office chair” towards Smith, (id. at ¶ 31). Smith further claims that he “could feel it deep down within [his] bones beyond a shadow of a doubt, Chief Deputy Ricky Wilson had something very “Devious” [sic] and “Vindictive” [sic] up his arm sleeve against [Smith].” (Id. at ¶ 40.)

         After Smith left the meeting, he circled the building to avoid being seen getting into his car. (Id. at ¶¶ 41-43.) He pulled over to adjust his “boom box system” when Chief Deputy Wilson pulled up behind Smith in a black SUV. (Id. at ¶¶ 50-54.) Smith alleges that Chief Deputy Wilson did not have his lights and siren activated, and that when he got out of the SUV, he pointed his gun at Smith. (Id. at ¶¶ 59-65.) Smith then recounted his conversation with Chief Deputy Wilson, which included strong language. (Id. at ¶¶ 60-69.) Smith continues in the complaint to state that Chief Deputy Wilson is a racist, (id. at ¶ 79), and that Sheriff Riles is responsible for “unconstitutional, restrictive, unjust, racist, wrongful, and inhuman jailhouse conditions” at the FCDC, (id. at ¶ 85).

         Smith seeks "Money Damages" in general for his pain and suffering. (Id. at ¶ 92.) At the end of his attachment, Smith includes the following list:

*Violation of Entrapment*
*Wrongful Imprisonment*
*Racism*
*Racial ...

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.