United States District Court, M.D. Tennessee
Crenshaw Chief Judge
REPORT AND RECOMMENDATION
BROWN UNITED STATES MAGISTRATE JUDGE
HONORABLE WAVERLY D. CRENSHAW, JR.
reasons stated below, the Magistrate Judge recommends that
the motions to dismiss by all Defendants (Docket Entries 20
and 22) be granted and this case be dismissed with prejudice.
Plaintiff filed his complaint on November 20, 2017 (Docket
Entry 1). Subsequently, the Plaintiff, at the Court's
direction, filed an application to proceed in forma
pauperis (Docket Entry 5) which was denied (Docket Entry
6) and the Plaintiff subsequently paid the filing fee of $400
(Docket Entry 7) on January 23, 2018. The case was referred
to the undersigned for case management and a report and
recommendation on any dispositive motion (Docket Entry 8).
complaint filed against the six named Defendants and the
Clarksville Police Station alleges violation of the Fourth,
Fifth, Sixth, Eighth, and Fourteenth Amendments of the United
States Constitution as well violation of civil rights under
Sections 1981, 1983, 1985 and 1986.
Plaintiff alleges that on August 25, 2016, the Plaintiff was
a passenger in his brother's car on Fort Campbell
Boulevard in Clarksville when a Clarksville police officer
unlawfully stopped the automobile and demanded his
brother's driver's license. He states that his
brother was subsequently arrested for driving on a suspended
Tennessee license. He claimed that his brother had never
obtained a Tennessee license since he had a valid Virginia
license, his home of domicile.
stated that the officer demanded that he step out of his
automobile, but that he refused, fearing for his safety and
called 911 for assistance with the officers on the scene.
When additional officers arrived from his 911 call he was
placed under arrest for calling 911 and he was told they
would break into the automobile if he did not step out. He
was then arrested on a charge of making an excessive 911
alleges that the officers failed to advise him of his Miranda
rights, failed to provide him with his right to misdemeanors,
failed to provide him a telephone call within one hour of his
arrest, and brought him before a magistrate in a closed court
at the jail where the magistrate failed to notify him of his
right to counsel, refused to provide him with counsel for an
examination hearing, and failed to release him on a
misdemeanor citation, and failed to provide him with his
right to bond and forced him to take bail.
stated that he included Mayor McMillian and the Police Chief
Ansley in the lawsuit because they were notified of this
matter and failed to take any action. He alleged that he and
his brother had been unlawfully seized on other occasions and
the Mayor and Chief failed to take any action. He alleged
that the charges were dismissed against him on November 24,
all Defendants filed motions to dismiss, supported by
memorandum of law (Docket Entries 20 through 23), on April
10, 2018. When the Plaintiff did not respond to the motions,
on May 15, 2018, the undersigned gave the Plaintiff seven
days from the receipt of the order to either file a response
to the motions or to request additional time. As of the date
of this report and recommendation the Plaintiff has not
responded to the motions or requested additional time.
motions are straightforward in that they allege the
Plaintiff's claims are barred by the one-year statute of
limitations. Because the Magistrate Judge believes that
the statute of limitations is controlling other grounds for
dismissal are not discussed except to state that clearly a
building is not subject to suit for violations of the type
alleged by the Plaintiff.