Jester v. Davidson County District Attorneys Office et al

Filing 3

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 2/27/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ROBERT S. JESTER
Plaintiff,
v.
DAVIDSON COUNTY DISTRICT
ATTORNEY’S OFFICE, et al.
Defendants.

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No. 3:15-0183
Judge Campbell

M E M O R A N D U M
The plaintiff, proceeding pro se, is a resident of Old
Hickory, Tennessee. He brings this action pursuant to 42 U.S.C. §
1983 against the Davidson County District Attorney’s Office; the
Metro Davidson County Police Department; Pam Anderson, an
Assistant Prosecutor in Davidson County; and the Davidson County
Criminal Court System; seeking injunctive relief and damages.
On June 28, 2014, the plaintiff was arrested by Metro police
and was charged with public intoxication and vandalism. He claims
to be innocent of the charges and believes that he was falsely
imprisoned by the defendants.
To 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).

Neither a county police department, a District Attorney’s
Office, nor a county court system are “persons” subject to
liability under 42 U.S.C. § 1983. see e.g., Petty v. County of
Franklin, Ohio, 478 F.3d 341, 347 (6th Cir. 2007)(a county
sheriff’s department is not a “person” subject to liability
under § 1983). Therefore, the plaintiff has failed to state a
claim against these entities for § 1983 relief.
The plaintiff also seeks relief from Pam Anderson, a
Davidson County prosecutor. Prosecutors, though, enjoy absolute
immunity from monetary claims for conduct within the scope of
their prosecutorial duties. Imbler v. Pachtman, 424 U.S. 409, 430
(1976). Moreover, the injunctive relief sought by the plaintiff,
i.e., for the charges to be dropped, is also not available in
this instance. Younger v. Harris, 401 U.S. 37 (1971). Thus, the
plaintiff has also failed to state an actionable claim against
Pam Anderson.
When the plaintiff has failed to state a claim upon which
relief can be granted, the Court is obliged to dismiss the
complaint sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Todd Campbell
United States District Judge