Ostine v. Nicholson et al

Filing 3

MEMORANDUM OF THE COURT. Signed by District Judge Aleta A. Trauger on 7/27/12. (xc:Pro se party by regular and certified mail.)(rd)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

AARON D. OSTINE
Plaintiff,
v.
LT. HARRIS NICHOLSON, et al.
Defendants.

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No. 3:12-0758
Judge Trauger

M E M O R A N D U M
The plaintiff, proceeding pro se, is an inmate at the Cheatham
County Jail in Ashland City, Tennessee. He brings this action
pursuant to 42 U.S.C. § 1983 against Lt. Nicholson, a member of the
Jail’s staff, and the Cheatham County Jail, seeking injunctive
relief and damages.
The plaintiff claims that the defendants have failed to
provide him with access to a law library in violation of his
constitutional rights.
This action is being brought against the defendants in their
official capacities only. Because the plaintiff in an official
capacity action seeks relief not from the individually named
defendants but from the entity for which the defendants are an
agent, Pusey v. City of Youngstown, 11 F.3d 652,657 (6th Cir.1993),
“an official capacity suit is, in all respects other than name, to
be treated as a suit against the entity.” Kentucky v. Graham, 473

U.S. 159,166 (1985). In essence, then, the plaintiff’s claims are
against Cheatham County, the municipal entity that operates the
Cheatham County Jail. Hafer v. Melo, 502 U.S. 21,25 (1991).
A claim of governmental liability requires a showing that the
misconduct

complained

of

came

about

pursuant

to

a

policy,

statement, regulation, decision or custom promulgated by Cheatham
County or its agent, the Cheatham County Sheriff’s Department.
Monell v. New York City Department of Social Services, 98 S.Ct.
2018 (1978). In short, for Cheatham County to be liable under §
1983, there must be a direct causal link between an official policy
or custom and the alleged constitutional violation. City of Canton
v. Harris, 109 S.Ct. 1197 (1989).
The plaintiff has offered nothing to suggest that his rights
were violated pursuant to a policy or regulation of Cheatham
County. Consequently, the plaintiff has failed to state a claim
against the defendants acting in their official capacities.
In the absence of an actionable claim, the Court is obliged to
dismiss the complaint sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Aleta A. Trauger
United States District Judge