Olivier v. Montgomery County et al
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Waverly D. Crenshaw, Jr on 1/12/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
MONTGOMERY COUNTY, et al.
The Plaintiff, proceeding pro se, is a resident of Clarksville, Tennessee. He brings this action
against Montgomery County and f/n/u Claiborne, a Judicial Commissioner in that county, seeking
On September 21, 2016, the Plaintiff was arrested for driving with a suspended license. He
alleges that Judicial Commissioner Claiborne violated his rights by allowing him to be arrested
“without a valid warrant” and for failing to provide him with an attorney at his bail hearing.
Judicial officers enjoy absolute immunity from monetary claims for actions taken within the
scope of their jurisdiction. Pierson v. Ray, 386 U.S. 547, 553-54 (1967). In this regard, it appears
that Judicial Commissioner Claiborne was acting within the scope of his jurisdiction when he
allowed the Plaintiff’s arrest and would not appoint him counsel. Therefore, the Plaintiff has failed
to state a claim against this defendant for which relief can be granted.
Montgomery County is the remaining defendant in this action. In order for Montgomery
County to be held liable, the Plaintiff must allege and prove that his constitutional rights were
violated pursuant to a “policy statement, ordinance, regulation or decision officially adopted and
promulgated” by the county. Monell v. Department of Social Services, 436 U.S. 658, 689-690
(1978). No such allegation appears in the Complaint. As a consequence, the Plaintiff has failed to
state a claim against this defendant as well for which relief can be granted.
When a Plaintiff proceeding as a pauper has failed to state a claim, the Court is obliged to
dismiss his Complaint sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.
WAVERLY D. CRENSHAW, JR.
United States District Judge
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