United States District Court, W.D. Tennessee, Western Division
ORDER TO MODIFY THE DOCKET, GRANTING MOTION TO
SUPPLEMENT COMPLAINT, PARTIALLY DISMISSING CLAIMS, AND
DIRECTING THAT PROCESS BE ISSUED AND SERVED ON THE REMAINING
D. TODD UNITED STATES DISTRICT JUDGE.
February 23, 2017, Plaintiff Carl Allen a/k/a Artie Perkins,
is incarcerated at the Shelby County Correctional Center in
Memphis, Tennessee, filed a pro se complaint
pursuant to 42 U.S.C. § 1983 and a motion to proceed
in forma pauperis. (ECF Nos. 1 & 2.) The Court
issued an order on March 10, 2017, granting leave to proceed
in forma pauperis and assessing the civil filing fee
pursuant to the Prison Litigation Reform Act (PLRA), 28
U.S.C. §§ 1915(a)-(b). (ECF No. 6.) On November 16,
2018, Allen moved to supplement his complaint. (ECF No. 10.)
That motion is GRANTED. All of Allen's claims will be
screened together in this order. The Clerk shall record the
Defendants as Officer Arica Hutchison; the City of Memphis;
Sergeant S.H., IBM #3686; Officer K. C., IBM #3296; Officer
T. Gates; Officer Peggy L. Bracey; and Officer Anthony
Alexzander. All of the individual Defendants work for the
City of Memphis Police Department (MPD). (ECF No. 1 at PageID
2; ECF No. 10 at PageID 46.)
claims stem from a burglary that occurred on October 10,
2015, his initially unrelated arrest on November 3, 2015, and
two separate indictments that followed. (ECF No. 1 at PageID
2.) Allen states that Defendant Gates and the unknown Officer
pulled him over on November 3 but did not give him a reason.
(Id.) Allen did not present any identification and
ran from his car, but he was apprehended by Defendant
Alexzander. (Id. at PageID 3.) Defendant Bracey
later arrived to assist the officers with the arrest and
seizure from Allen of cash and jewelry found in his car and a
bag later determined to contain marijuana. (Id.)
Allen was charged with failing to possess proper
identification,  resisting official detention, evading
arrest, and possession of marijuana. (Id.)
Alexzander prepared a statement of probable cause detailing
the basis for these charges. (Id. at PageID 3-4.)
was taken to the Shelby County Jail and his car was searched.
(Id. at PageID 3.) The search allegedly yielded
Allen's Tennessee ID and an ID belonging to Reginal M.
Ward. (Id.) Defendant Hutchison traced the jewelry
found in Allen's car to a pawn shop, where the owner
allegedly identified Allen from a line-up photograph.
(Id. at PageID 4.) The MPD subsequently concluded
that a thumbprint taken from the pawn card detailing
Allen's transaction at the pawn shop also matched Allen.
(Id.) Hutchison later learned that the burglary from
October 10 had involved the theft of jewelry. (Id.
at PageID 5.) Hutchison then prepared a narrative in which he
stated that descriptions of the jewelry stolen during the
burglary matched the jewelry found in Allen's car.
(Id. at PageID 5-6.)
November 11, 2015, Allen was charged with, and arrested for,
aggravated burglary, theft of property, forgery, and identity
theft. (Id. at PageID 6.) Defendants Hutchison,
S.H., and K.C. allegedly prepared a statement of probable
cause detailing these charges, which was presented to the
District Attorney for Shelby County on May 25, 2016.
(Id. at PageID 8-9.) On July 12, 2016, a Shelby
County grand jury returned an indictment against Allen for
all but the forgery charge. (Id. at PageID 9.) Allen
alleges he entered a nolo contendere plea to that
indictment on October 4, 2018. (ECF No. 8 at PageID 42.)
states that on July 27, 2017, after he had filed his original
complaint, he also was indicted for the charges stemming from
the traffic stop on November 3, 2015-failing to possess
proper identification, evading arrest, and possession of
marijuana. (ECF No. 8 at PageID 41.) Allen has notified the
Court these charges were dismissed on October 4, 2018.
Court is required to screen prisoner complaints and to
dismiss any complaint, or any portion thereof, if the
(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
28 U.S.C. § 1915A(b); see also 28 U.S.C. §
assessing whether the complaint in this case states a claim
on which relief may be granted, the standards under Federal
Rule of Civil Procedure 12(b)(6), as stated in Ashcroft
v. Iqbal, 556 U.S. 662, 677-79 (2009), and in Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007),
are applied. Hill v. Lappin, 630 F.3d 468, 470-71
(6th Cir. 2010). The Court accepts the complaint's
“well-pleaded” factual allegations as true and
then determines whether the allegations “plausibly
suggest an entitlement to relief.'” Williams v.
Curtin, 631 F.3d 380, 383 (6th Cir. 2011) (quoting
Iqbal, 556 U.S. at 681). Conclusory allegations
“are not entitled to the assumption of truth, ”
and legal conclusions “must be supported by factual
allegations.” Iqbal, 556 U.S. at 679. Although
a complaint need only contain “a short and plain
statement of the claim showing that the pleader is entitled
to relief, ” Fed.R.Civ.P. 8(a)(2), Rule 8 nevertheless
requires factual allegations to make a
“‘showing,' rather than a blanket assertion,
of entitlement to relief.” Twombly, 550 U.S.
at 555 n.3.
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 (quoting Martin v.
Overton, 391 F.3d 710, 712 (6th Cir. 2004)). 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);
see also Brown v. Matauszak, 415 Fed.Appx. 608, 612,
613 (6th Cir. Jan. 31, 2011) (affirming dismissal of pro
se complaint for failure to comply with “unique
pleading requirements” and stating “a court
cannot ‘create a claim which [a plaintiff] has not
spelled out in his pleading'” (quoting Clark v.
Nat'l Travelers Life Ins. Co., 518 F.2d 1167, 1169
(6th Cir. 1975))).
filed his complaint pursuant to 42 U.S.C. § 1983, which
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or
the District of Columbia, subjects, or causes to be
subjected, any citizen of the United States or other person
within the jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the Constitution
and laws, shall be liable to the party injured in an action
at law, suit in equity, or other proper proceeding for
redress . . . .
state a claim under § 1983, a plaintiff must allege two
elements: (1) a deprivation of rights secured by the
“Constitution and laws” of the United States (2)
committed by a defendant acting under color of state law.
Adickes v. S.H. Kress & Co., 398 U.S. 144, 150
complaint contains no allegations against Defendant Bracey.
The only fact relating to Bracey is that she assisted in
apprehending Allen when he ran during the initial traffic
stop. When a complaint fails to allege any action by a
defendant, it necessarily fails to “state a ...