Summary
The United States District Court for the Middle District of Tennessee grants Tony DeBerry leave to proceed in forma pauperis and assesses the full civil filing fee under the Prison Litigation Reform Act. The court permits First Amendment free-exercise and retaliation claims, RLUIPA claims, and Tennessee state-law claims concerning an alleged Williamson County Jail ban on Bibles and other religious materials to proceed, while dismissing claims under the Federal Tort Claims Act, Spending Clause, and Commerce Clause. The court consolidates the action with DeBerry v. Youker, No. 3:26-cv-00360, and administratively closes this case.
Holdings
- The court must screen an in forma pauperis prisoner complaint and dismiss claims that are frivolous, fail to state a claim, or seek monetary relief from an immune defendant; the complaint is construed liberally and its factual allegations are accepted as true unless entirely incredible.
- The complaint stated a colorable First Amendment free-exercise claim because allegations that a jail policy prohibited inmates from possessing Bibles could support a finding that the policy impinged religious exercise and was not reasonably related to legitimate penological interests.
- The complaint stated a colorable RLUIPA claim because it alleged a sincerely held religious belief and a substantial burden on religious exercise resulting from the jail's prohibition on religious books.
- The complaint stated a colorable First Amendment retaliation claim because DeBerry alleged protected grievance activity, adverse placement in segregation, and retaliatory motivation.
- The § 1983 and state-law claims could proceed against Youker in both individual and official capacities, while the RLUIPA claim could proceed only in official capacity because RLUIPA does not permit money damages against prison officials in their individual capacities.
- The complaint failed to state claims under the Federal Tort Claims Act, the Spending Clause, or the Commerce Clause, and those claims were dismissed.
- Consolidation with Case No. 3:26-cv-00360 was appropriate because both actions involved related claims concerning the Williamson County Jail Bible ban and the same defendant.
Questions Presented
- Whether the complaint stated viable First Amendment free-exercise claims based on the alleged jail-wide ban on Bibles and other religious materials.
- Whether the complaint stated a claim under RLUIPA based on the alleged substantial burden on religious exercise.
- Whether the complaint stated a First Amendment retaliation claim based on placement in segregation after filing a grievance.
- Whether the claims could proceed against Captain Youker in his official and individual capacities, including whether individual-capacity RLUIPA damages claims are available.
- Whether the complaint stated claims under the Federal Tort Claims Act, the Spending Clause, or the Commerce Clause.
- Whether the action should be consolidated with the plaintiff's earlier related action.
Disposition
other
Cases Cited (25)
- United States v. Smotherman, 838 F.3d 736, 739 (6th Cir. 2016)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Thomas v. Eby, 481 F.3d 434, 437 (6th Cir. 2007)(followed)
- Denton v. Hernandez, 504 U.S. 25, 33 (1992)(followed)
- Haines v. Kerner, 404 U.S. 519, 520-21 (1972)(followed)
- Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991)(followed)
- McDonald v. Hall, 610 F.2d 16, 19 (1st Cir. 1979)(followed)
- Dominguez v. Corr. Med. Servs., 555 F.3d 543, 549 (6th Cir. 2009)(followed)
- Sigley v. City of Panama Heights, 437 F.3d 527, 533 (6th Cir. 2006)(followed)
- Maye v. Klee, 915 F.3d 1076, 1083 (6th Cir. 2019)(followed)
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