Griffin v. Metro Nashville Police Dept. et al
| Nicholas Terrell Griffin |
| Metro Nashville Police Dept., Steve Ray and Archie Spain |
| 3:2015cv00147 |
| February 19, 2015 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Todd J. Campbell |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
4
ORDER Assessing Filing Fee ($350) for Nicholas Terrell Griffin per granting of 2 application to proceed in forma pauperis. The complaint asserts violations of the plaintiffs rights under the Fourth and Fifth Amendments to the United States Constitution, based on allegations that the plaintiff was subjected to a warrantless seizure and detention and that he underwent a custodial interrogation without being provided the warning required by Miranda v. Arizona, 384 U.S. 436 (1966). For purposes of the initial review required by the PLRA, the Court finds it apparent from the face of the complaint that the plaintiffs Fourth Amendment claims are barred by the statute of limitations. Such claims are therefore DISMISSED WITH PREJUDIC E. In addition, the complaint fails to state a claim based on the failure to provide a Miranda warning, because the plaintiff does not allege that he gave incriminating statements or that any such statements have been used against him in a crimin al proceeding. However, because the plaintiff's criminal charges remain pending, this claim is DISMISSED WITHOUT PREJUDICE. It is so ORDERED. This is the final order in this matter for purposes of Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 3/3/2015. (xc:Pro se party by regular and certified mail & Administrator of the Davidson County Sheriff's Office - CJC by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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