United States District Court, M.D. Tennessee, Nashville Division
MAURICE A. BRADFORD, Plaintiff,
SHERIFF FOLEY, et al., Defendants.
MEMORANDUM AND ORDER
WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE
A. Bradford is a convicted felon currently being confined at
the Montgomery County Jail in Clarksville, Tennessee. He has
filed pro se a Complaint (Doc. No. 1) under 42
U.S.C. § 1983 and an Application (Doc. No. 2) to proceed
in forma pauperis.
appears from the Application that the Plaintiff lacks
sufficient financial resources from which to pay the fee
required to file the Complaint. Accordingly, Plaintiff's
Application is GRANTED. The Clerk will file
the Complaint in forma pauperis. 28 U.S.C. § 1915(a).
is herewith ASSESSED the civil filing fee of
$350.00. Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B),
the custodian of the Plaintiff's inmate trust account at
the institution where he now resides is directed to submit to
the Clerk of Court, as an initial partial payment, whichever
is greater of:
(a) twenty percent (20%) of the average monthly deposits to
the Plaintiff's inmate trust account;
(b) twenty percent (20%) of the average monthly balance in
the Plaintiff's inmate trust account for the prior six
the custodian shall submit twenty percent (20%) of the
Plaintiff's preceding monthly income (or income credited
to the Plaintiff's trust account for the preceding
month), but only when such monthly income exceeds ten dollars
($10.00), until the full filing fee of three hundred fifty
dollars ($350.00) as authorized under 28 U.S.C. §
1914(a) has been paid to the Clerk of Court. 28 U.S.C. §
Plaintiff brings this action against Sheriff Foley of
Montgomery County; Tony Parker, Commissioner of the Tennessee
Department of Correction; and Ms. Whitehead, Liaison for the
Tennessee Department of Correction at the Montgomery County
Jail; seeking damages.
establish a claim for § 1983 relief, the Plaintiff must
plead and prove that a person or persons, while acting under
color of state law, deprived him of some right guaranteed by
the Constitution or laws of the United States. Parratt v.
Taylor, 451 U.S. 527, 535 (1981).
October 15, 2017, the Plaintiff filed a grievance complaining
about the lack of educational and rehabilitative programs at
the Montgomery County Jail. (Doc. No. 1 at 5.) Ms. Whitehead
told the Plaintiff that she and Sheriff Foley had been
discussing the issue. (Id.) There are currently
sixty one (61) state prisoners being housed at the Montgomery
County Jail where they do not have the an opportunity to
participate in vocational, educational and rehabilitative
programs that will make them better people as well as earn
them sentence reduction credits. (Id at 5-6.)
“The lack of educational and re-hab programs in a TDOC
facility, housing state inmates for entire sentences, and
being housed with county and pre-trial detainees, violates
the 8th and 14th Amendments.”
(Id at 5.
prisoners do not have a constitutionally protected liberty
interest in prison vocational, rehabilitation, or educational
programs based on the Fourteenth Amendment. See,
e.g., Moody v. Daggett, 429 U.S. 78, 88 n.
9 (1976) (Due Process Clause not implicated by prisoner
classification and eligibility for rehabilitative programs,
even where the prisoner suffers a “grievous
loss”.); Argue v. Hofmeyer, 80 Fed.Appx. 427,
429 (6th Cir. 2003) (“prisoners have no constitutional
right to rehabilitation, education or jobs.”). Thus,
Plaintiff's claim for the alleged denial of vocational,
educational or other rehabilitative services fails to state a
claim under the Eighth and Fourth Amendments. Lyle v.
Tennessee Department of Correction, 2016 WL 3460256 at 3
(M.D. Tenn. June 24, 2016).
absence of a constitutional violation, the Plaintiff has
failed to state a claim upon which § 1983 relief can be
granted. Accordingly, this action is hereby
DISMISSED. 28 U.S.C. § 1915(e)(2).
appeal of the judgment rendered herein would not be taken in
good faith. Coppedge v. United States, 369 U.S. 438,
445-446 (1962). Therefore, the Plaintiff is
NOT certified to pursue an appeal of this
judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).
should the Plaintiff decide to file a notice of appeal, he
must either pay the Clerk of Court the full appellate filing
fee of five hundred five dollars ($505.00) or submit a new
application to proceed in forma pauperis with a certified
copy of his inmate trust account statement for the previous
six month period. 28 U.S.C. § 1915(a)(1); McGore v.
Wrigglesworth, 114 F.3d 601, ...