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Olivier v. Jones

United States District Court, M.D. Tennessee, Nashville Division

April 20, 2017

MARDOCHE OLIVIER, Plaintiff,
v.
KEITH JONES et al., Defendants.

          MEMORANDUM OPINION

          ALETA A. TRAUGER, UNITED STATES DISTRICT JUDGE

         The plaintiff Mardoche Olivier, proceeding pro se, has filed a civil rights complaint against defendants Clarksville Police Officers Keith Jones, Ronald Keenom, JT Knoblock, David Odell, and Crystal Robinson and the City of Clarksville (“City”). (ECF No. 1.) Additionally, the plaintiff has applied to proceed in forma pauperis. (ECF No. 2)

         Because 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.

         Pursuant 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).

         I. FACTUAL ALLEGATIONS

         In his complaint the plaintiff alleges that on June 1, 2015, Officers Jones and Knoblock stopped a female driver, Ms. Mines, who was following the plaintiff, who was also driving, to a location in Clarksville, Tennessee. Ms. Mines was stopped for speeding. Ms. Mines and Officers Jones and Knoblock pulled into a parking lot.

         Apparently, noticing that Ms. Mines was no longer behind him, the plaintiff retraced his route, eventually pulling in to the parking lot where Officers Jones and Knoblock were with Ms. Mines. Plainitff exited his vehicle but remained a “good distance” from where Officers Jones and Knoblock were dealing with Ms. Mines. (ECF No. 1 at Page ID# 3.)

         Officers Jones and Knoblock eventually approached the plaintiff explaining that Ms. Mines had told them that the plaintiff was her ride. Officers Jones and Knoblock asked to see the plaintiff's driver's license. The plaintiff informed Officer Jones and Knoblock “that he did not want anything to do with them and . . . that this contact was not consensual.” Id. Plaintiff demanded that Officers Jones and Knoblock leave him alone.

         Plaintiff alleges that Officer Jones and Knoblock continued to harass him, so much so, that the plaintiff ended up calling “911” seeking assistance in dealing with Officers jones and Knoblock. While the plaintiff waited for a supervisor, Officers Jones and Knoblock arrested him for driving on a revoked/suspended license and excessive “911” calls. Plaintiff alleges that Officers Jones and Knoblock also searched his vehicle without his permission, warrant or probable cause to search.

         When a supervisor arrived, the supervisor refused to assist the plaintiff and allowed Officers Jones and Knoblock to “false[ly] imprison [the] plaintiff without any probably cause of a crime.

         Plaintiff alleges claims for violation of his Fourth, Fifth and Fourteenth Amendment rights. Additionally, he alleges claims for violation of 18 U.S.C. § 241 and § 242.

         As relief, the plaintiff seeks compensatory and punitive damages against each defendant.

         II. STANDARD OF REVIEW

         If an 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 ...


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