United States District Court, M.D. Tennessee, Nashville Division
ALETAA.TRAUGER, UNITED STATES DISTRICT JUDGE
plaintiff Troy Lozano, proceeding pro se, has filed
a civil rights complaint against defendants City of
Clarksville (“City”) and Officer T. Bell of the
Clarksville Police Department. (ECF No. 1.) Additionally, the
plaintiff has applied to proceed in forma pauperis.
(ECF No. 2)
it is apparent from the plaintiff's application that he
lacks sufficient resources from which to pay the required
filing fee, his application to proceed in forma
pauperis (ECF No. 2) will be granted.
to 28 U.S.C. § 1915(e)(2), the Court is required to
conduct an initial review of any complaint filed in forma
pauperis and to dismiss the complaint if it is facially
frivolous or malicious, if it fails to state a claim upon
which relief may be granted, or if it seeks monetary relief
against a defendant who is immune from such relief.
Begola v. Brown, 172 F.3d 47 (Table), 1998 WL
894722, at *1 (6th Cir. Dec. 14, 1998) (citing McGore v.
Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997),
overruled on other grounds by Jones v. Bock, 549
U.S. 199 (2007)). The Court must construe a pro se
plaintiff's complaint liberally, Boag v.
McDaniel, 454 U.S. 364, 365 (1982), and accept the
plaintiff's allegations as true unless they are clearly
irrational or wholly incredible. Denton v.
Hernandez, 504 U.S. 25, 33 (1992).
complaint, the plaintiff alleges that on November 9, 2016,
Officer Bell initiated a traffic stop of the plaintiff for
driving without a seat belt. Officer Bell asked the plaintiff
for his license and registration. The plaintiff at first
refused to give Officer Bell his documents but later
relented. Officer Bell ticketed the plaintiff for violation
of Section 10-101 of the Clarksville City Code. On January 6,
2017, the plaintiff's ticket was dismissed by the
Clarksville City Court.
plaintiff alleges that the City and Officer Bell violated his
Fourth, Fifth and Fourteenth Amendment rights, along with his
rights under 18 U.S.C. §§ 241 and 242.
relief, the plaintiff seeks monetary damages against each
STANDARD OF REVIEW
action is filed in forma pauperis, “the court
shall dismiss the case at any time if the court determines
that . . . the action . . . fails to state a claim on which
relief may be granted.” 28 U.S.C. §
1915(e)(2)(B)(ii). In assessing whether the complaint in this
case states a claim on which relief may be granted, the court
applies the standards under Rule 12(b)(6) of the Federal
Rules of Civil Procedure, as construed by Ashcroft v.
Iqbal, 556 U.S. 662, 678-79 (2009), and Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007).
See Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir.
2010) (holding that “the dismissal standard articulated
in Iqbal and Twombly governs dismissals for
failure to state a claim under [§ 1915(e)(2)(B)(ii)]
because the relevant statutory language tracks the language
in Rule 12(b)(6)”). “Accepting all well-pleaded
allegations in the complaint as true, the Court
‘consider[s] the factual allegations in [the] complaint
to determine if they plausibly suggest an entitlement to
relief.'” Williams v. Curtin, 631 F.3d
380, 383 (6th Cir. 2011) (quoting Iqbal, 556 U.S. at
681) (alteration in original). “[P]leadings that . . .
are no more than conclusions are not entitled to the
assumption of truth. While legal conclusions can provide the
framework of a complaint, they must be supported by factual
allegations.” Iqbal, 556 U.S. at 679; see
also Twombly, 550 U.S. at 555 n.3 (“Rule 8(a)(2)
still requires a ‘showing, ' rather than a blanket
assertion, of entitlement to relief. Without some factual
allegation in the complaint, it is hard to see how a claimant
could satisfy the requirement of providing not only
‘fair notice' of the nature of the claim, but also
‘grounds' on which the claim rests.”).
se complaints are to be held to less stringent standards than
formal pleadings drafted by lawyers, and should therefore be
liberally construed.” Williams, 631 F.3d at
383 (internal quotation marks and citation omitted). Pro
se litigants, however, are not exempt from the
requirements of the Federal Rules of Civil Procedure.
Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989).
The court is not required to create a claim for the
plaintiff. Clark v. Nat'l Travelers Life Ins.
Co., 518 F.2d 1167, 1169 (6th Cir. 1975); see also
Brown v. Matauszak, 415 F. App'x 608, 613 (6th Cir.
2011) (“[A] court cannot create a claim which [a
plaintiff] has not spelled out in his pleading”)
(internal quotation marks and citation omitted); Payne v.
Sec'y of Treas., 73 F. App'x 836, 837 (6th Cir.
2003) (affirming sua sponte dismissal of complaint
pursuant to Fed.R.Civ.P. 8(a)(2) and stating,
“[n]either this court nor the district court is
required to create Payne's claim for her”).
Constitutional Violations against the City
plaintiff identifies the City as a defendant but fails to set
forth any facts to suggest what he thinks the City did ...