Logan v. Clifton Corporation of America et al, No. 1:2012cv00003 - Document 42 (M.D. Tenn. 2012)

Court Description: MEMORANDUM OPINION OF THE COURT: To maintain a private right of action under Title VI, a plaintiff must make a threshold showing that CCA receives federal assistance. Raines, 2009 WL 3681832, at *3 (citing Buchanan, 99 F.3d at 1356). Here, Plaintiff does not prove that CCA receives federal assistance or that the use of the TTY is federally funded. Actual federal assistance benefits are necessary for a Title VI claim. Id. (citing Grove City College v. Bell, 465 U.S. 555 (1984)). Moreover, Plainti ff does not allege that he is a racial minority or any facts that he was discriminated against based upon his race, color, or national origin. Accordingly, the Court concludes that this claim should be dismissed. As to the remaining CCA Defendant, Da mon Hinnegar, Plaintiff does not show any personal involvement by Hinnegar. Accordingly, the Court concludes that Hinnegar is entitled to dismissal of all claims against him for the same reasons as Chapman, Ponds, Casteel, and Whitehead. For these re asons, the Court concludes that the CCA Defendants' motion to dismiss and/or for summary judgment should be granted. An appropriate Order is filed herewith. Signed by District Judge William J. Haynes, Jr on 6/12/2012. (Attachments: # 1 Attachment Text Searchable Version)(xc:Pro se party by regular and certified mail.)(eh)