Smith v. State of Tenn. et al

Filing 6

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 12/10/14. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (afs)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JOSHUA E. SMITH, OCA # 472023,

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Plaintiff,
v.
STATE OF TENNESSEE, METRO GENERAL
SESSIONS COURT, METRO POLICE
DEPARTMENT SOUTH PRECINCT, and
DET. DARRY BALTIMORE, OFFICER JASON
KORENER, JAVON RANSOM,
Defendants.

No. 3:14-cv-02003
Judge Campbell

ORDER
Plaintiff Joshua Smith, a prisoner or pretrial detainee in the custody of the Davidson County Sheriff’s
Office in Nashville, Tennessee, brings this action pro se under 42 U.S.C. § 1983 and state law, alleging that
he was subject to a false arrest. The plaintiff’s application to proceed in forma pauperis (ECF No. 5) is
presently pending. In addition, the plaintiff’s complaint is before the Court for an initial review pursuant to the
Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(e)(2).
A.

The Application to Proceed as a Pauper
Because it appears from his submissions that the plaintiff lacks sufficient financial resources from

which to pay the full filing fee in advance, the application (ECF No. 5) is GRANTED.
However, under § 1915(b), the plaintiff nonetheless remains responsible for paying the full filing fee.
The obligation to pay the fee accrues at the time the case is filed, but the PLRA provides prisoner-plaintiffs
the opportunity to make a “down payment” of a partial filing fee and to pay the remainder in installments.
Accordingly, the plaintiff is hereby assessed the full $350 filing fee, to be paid as follows:
(1) The custodian of the plaintiff’s inmate trust fund account at the institution where he now resides
is DIRECTED to submit to the Clerk of Court, as an initial payment, “20 percent of the greater of – (a) the
average monthly deposits to the plaintiff’s account; or (b) the average monthly balance in the plaintiff’s account
for the 6-month period immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(b)(1).
(2) After the initial filing fee is fully paid, the trust fund officer must withdraw from the plaintiff’s account

and pay to the Clerk of this Court monthly payments equal to 20% of all deposits credited to the plaintiff’s
account during the preceding month, but only when the amount in the account exceeds $10. Such payments
must continue until the entire $350 filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
(3) Each time the trust account officer makes a payment to this Court as required by this order, he
must print a copy of the prisoner’s account statement showing all activity in the account since the last payment
made in accordance with this order and submit it to the Clerk along with the payment. All submissions to the
Court must clearly identify the plaintiff’s name and the case number as indicated on the first page of this order,
and must be mailed to: Clerk, United States District Court, Middle District of Tennessee, 801 Broadway,
Nashville, TN 37203.
The Clerk of Court is DIRECTED send a copy of this order to the Administrator of the Davidson
County Sheriff’s Office – Criminal Justice Center to ensure that the custodian of the plaintiff’s inmate trust
account complies with that portion of 28 U.S.C. § 1915 pertaining to the payment of the filing fee. If the plaintiff
is transferred from his present place of confinement, the custodian of his inmate trust fund account MUST
ensure that a copy of this order follows the plaintiff to his new place of confinement for continued compliance
with this order.
B.

Initial Review of the Complaint

For purposes of the initial review required by 28 U.S.C. § 1915(e)(2), the Court finds that the state of
Tennessee is entitled to absolute immunity from suit under the Eleventh Amendment and that the complaint
fails to state a claim for which relief may be granted against the Metro Police Department South Precinct and
Metro. General Sessions Court. The claims against these defendants are therefore DISMISSED WITH
PREJUDICE. The complaint also fails to state a claim under 42 U.S.C. § 1983 against defendant Ransom or
against defendants Baltimore and Korener in their official capacity. Those claims are likewise DISMISSED
WITH PREJUDICE.
However, the complaint states colorable claims under § 1983 and state law against Detective
Baltimore and Officer Korenor in their individual capacity, under state law against Baltimore and Korener in
their official capacity, and under state law against Javon Ransom. Such claims will, for purposes of the initial
review, be permitted to proceed. The Court expresses no opinion as to the ultimate merit of these claims.

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The Clerk is INSTRUCTED to send the plaintiff a service packet (a blank summons and USM 285
form) for defendants Baltimore, Korener, and Ransom. The plaintiff MUST complete the service packets and
return them to the Clerk’s Office within 30 days of the date of receipt of this order. Upon return of the
completed service packets, PROCESS SHALL ISSUE. The plaintiff is forewarned that the failure to return the
completed service packets within the time required could jeopardize his prosecution of this action. He is also
forewarned that his prosecution of this action will be jeopardized if he fails to keep the Clerk’s Office informed
of his current address at all times.
This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management
of the case, to dispose or recommend disposition of any pretrial motions under 28 U.S.C. §§ 636(b)(1)(A) and
(B), and to conduct any other necessary proceedings under Rule 72(b) of the Federal Rules of Civil Procedure
and the Local Rules of Court. Despite the issuance of process, the Magistrate Judge may sua sponte
recommend the dismissal of any claim for the reasons set forth in 28 U.S.C. § 1915(e)(2).
It is so ORDERED.

Todd Campbell
United States District Judge

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