Williams v. Clarksville Montgomery County Jail et al

Filing 6

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 5/30/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

FRED D. WILLIAMS
Plaintiff,
v.
MONTGOMERY COUNTY JAIL, et al.
Defendants.

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No. 3:15-1280
Judge Trauger

M E M O R A N D U M
The

plaintiff,

proceeding

pro

se,

is

an

inmate

at

the

Montgomery County Jail in Clarksville, Tennessee. He brings this
action against the Jail and Robert Felthauser, a deputy at the
Jail, seeking injunctive relief and damages.
The plaintiff complains about conditions of his confinement.
More specifically, the plaintiff alleges that Deputy Felthauser
verbally abused him and his religion (Islam).
To establish a claim for § 1983 relief, the plaintiff must
plead and prove that the defendants, while acting under color of
state law, deprived him of a right guaranteed by the Constitution
or laws of the United States. Parratt v. Taylor, 451 U.S. 527, 535
(1981).
It is well settled that mere words, no matter how offensive,
threatening,

or

insulting,

do

not

1

rise

to

the

level

of

a

constitutional violation. McFadden v. Lucas, 713 F.2d 143, 147 (5th
Cir.1983). Consequently, the Supreme Court has held that defamation
is not a constitutional tort and does not state a cognizable claim
under 42 U.S.C. § 1983. Paul v. Davis, 424 U.S. 693 (1976). Thus,
the alleged slander of the plaintiff and his religious beliefs,
while reprehensible, fails to offend the Constitution.
Because the allegations in the complaint do not rise to the
level of a constitutional deprivation, the plaintiff is unable to
prove every element of a § 1983 cause of action. The plaintiff,
therefore, has failed to state a claim upon which relief can be
granted. Under such circumstances, the Court is obliged to dismiss
the instant action sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Aleta A. Trauger
United States District Judge

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