Wilson v. Rush et al

Filing 3

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 2/7/2017. (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
NASHVILLE DIVISION

KERRY B. WILSON
Plaintiff,
v.
LISA RUSH, et al.
Defendants.

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No. 3:17-0240
Judge Trauger

M E M O R A N D U M
The plaintiff, proceeding pro se, is an inmate at the Sumner
County Jail in Gallatin, Tennessee. He brings this action against
Lisa Rush and Kevin Jackson, Investigators with a local drug task
force, seeking injunctive relief and damages.
In April, 2015, the defendants allegedly sent an informant to
the plaintiff’s home to buy drugs and entrap him. They also
allegedly “created false documents and fraudulent paperwork” and
gave false testimony, all in an effort to convict the plaintiff.
Apparently, the defendants were successful in their efforts and the
plaintiff was found guilty of drug-related charges.1
A prisoner does not state a cognizable claim in this type of

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Normally, such a claim is brought in an action for habeas
corpus relief. In this instance, however, the plaintiff is not
seeking an earlier release from custody. Rather, he hopes to
obtain damages and other injunctive relief.
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action if a ruling on his claim would necessarily render his
continuing confinement invalid, until and unless the reason for his
continued confinement has been reversed on direct appeal, expunged
by executive order, declared invalid by a state tribunal, or has
been called into question by a federal court’s issuance of a writ
of habeas corpus. Heck v. Humphrey, 114 S.Ct. 2364, 2372 (1994).
Nowhere in the complaint does it suggest that the plaintiff
has already successfully tested the validity of his confinement in
either a state or federal court. Therefore, the plaintiff’s claims
are not yet cognizable here.
In the absence of a cognizable claim, 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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