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Moore v. Rutherford Cnty. Adult Det. Ctr.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Sep 11, 2012
No. 3:12-0914 (M.D. Tenn. Sep. 11, 2012)

Opinion

No. 3:12-0914

09-11-2012

JOSHUA S. MOORE, SR. Plaintiff, v. RUTHERFORD COUNTY ADULT DETENTION CENTER, et al. Defendants.


Judge Campbell


MEMORANDUM

The plaintiff, proceeding pro se, is an inmate at the Rutherford County Adult Detention Center in Murfreesboro, Tennessee. He brings this action pursuant to 42 U.S.C. § 1983 against the Center and Miss Minter, the Program Director at the jail, seeking injunctive relief and damages.

The plaintiff applied to attend a G.E.D. class being given at the Rutherford County Adult Detention Center. Miss Minter denied plaintiff's application, citing his recent removal to a segregated housing unit. The plaintiff claims that the refusal to allow him to attend the G.E.D. class was a violation of his constitutional rights.

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).

A prisoner has no federally protected right to participate in a rehabilitative program such as a G.E.D. class. Hutto v. Finney, 437 U.S. 678 (1978). As a consequence, the plaintiff has failed to show that defendants' refusal to allow him to attend the class has violated his constitutional rights.

In the absence 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.

________

Todd Campbell

United States District Judge


Summaries of

Moore v. Rutherford Cnty. Adult Det. Ctr.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Sep 11, 2012
No. 3:12-0914 (M.D. Tenn. Sep. 11, 2012)
Case details for

Moore v. Rutherford Cnty. Adult Det. Ctr.

Case Details

Full title:JOSHUA S. MOORE, SR. Plaintiff, v. RUTHERFORD COUNTY ADULT DETENTION…

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Date published: Sep 11, 2012

Citations

No. 3:12-0914 (M.D. Tenn. Sep. 11, 2012)