Opinion

Cartwright

Court
District Court, M.D. Tennessee
Filed
Aug 10, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

WILLIAM CARTWRIGHT, #352873, )

)

Plaintiff, )

)

v. ) NO. 3:23-cv-00670

)

AMBER L. PHILLIPS, ) JUDGE RICHARDSON

)

Defendant. )

MEMORANDUM OPINION

Before the Court is a pro se civil rights Complaint (Doc. No. 1) filed by Plaintiff William

Cartwright, an inmate of the Bledsoe County Correctional Complex in Pikeville, Tennessee.

Plaintiff paid the civil filing fee.

By Order entered February 26, 2024 (Doc. No. 7), the Court stayed proceedings in this case

pending the resolution of related issues in Harris v. Tennessee, et al., No. 3:19-cv-00174 (M.D.

Tenn.). The issues in Harris that were of potential import to issues before the Court in this case

have been resolved in a manner that does not require further reference to Harris. Accordingly, the

stay of proceedings in the instant case will be lifted by an order accompanying this Memorandum

Opinion.

This case is now before the Court for initial review under the Prison Litigation Reform Act

(PLRA), 28 U.S.C. § 1915A.

INITIAL REVIEW

I. Legal Standard

In cases filed by prisoners, the Court must conduct an initial screening and “identify

cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint” or

any portion of it is facially frivolous or malicious, fails to state a claim upon which relief may be

granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C.

§ 1915A; see also 42 U.S.C. § 1997e(c).

To determine whether the Complaint states a claim upon which relief may be granted, the

Court reviews for whether it alleges sufficient facts “to state a claim to relief that is plausible on

its face,” such that it would survive a motion to dismiss under Federal Rule of Civil Procedure

12(b)(6). Hill v. Lappin, 630 F.3d 468, 470–71 (6th Cir. 2010) (quoting Ashcroft v. Iqbal, 556 U.S.

662, 678 (2009)). At this stage, “the Court assumes the truth of ‘well-pleaded factual allegations’

and ‘reasonable inference[s]’ therefrom,” Nat’l Rifle Ass’n of Am. v. Vullo, 602 U.S. 175, 181

(2024) (quoting Iqbal, 556 U.S. at 678–79), but is “not required to accept legal conclusions or

unwarranted factual inferences as true.” Inner City Contracting, LLC v. Charter Twp. of Northville,

Michigan, 87 F.4th 743, 749 (6th Cir. 2023) (citation omitted). The Court must afford the pro se

Complaint a liberal construction, Erickson v. Pardus, 551 U.S. 89, 94 (2007), while viewing it in

the light most favorable to Plaintiff. Inner City, supra.

Plaintiff filed the Complaint under Section 1983, which authorizes a federal action against

any person who, “under color of state law, deprives [another] person of rights, privileges, or

immunities secured by the Constitution or conferred by federal statute.” Wurzelbacher v. Jones-

Kelley, 675 F.3d 580, 583 (6th Cir. 2012) (citations omitted); 42 U.S.C. § 1983. The Complaint

must therefore plausibly allege (1) a deprivation of a constitutional or other federal right, and (2)

that the deprivation was caused by a “state actor.” Carl v. Muskegon Cnty., 763 F.3d 592, 595 (6th

Cir. 2014).

II. Analysis of the Complaint

A. Factual Background and Relevant Legislative History

Plaintiff has filed a “Complaint for Prospective Injunctive Relief” asserting that Defendant

Amber Phillips, in her official capacity as Correctional Program Director 2 for the Tennessee

Department of Correction (TDOC), has violated his constitutional rights by arbitrarily interpreting

Tennessee’s vague life sentence statutes and, on the basis of that interpretation, unlawfully

calculating the date on which he may be eligible for release from confinement. (Doc. No. 1 at 1.)

He alleges that Phillips’s arbitrary interpretation of the relevant statutes “causes deliberate

indifference in the calculation procedures method, as applied to Plaintiff,” in violation of his

constitutional rights under the Eighth and Fourteenth Amendments as well as the Ex Post Facto

Clause. (Id. at 1–2.) Phillips is alleged to have “broad responsibility for calculating sentences for

TDOC prisoners and setting and overseeing those sentence calculations.” (Id. at 3.) She is

authorized to do so by state law assigning TDOC the responsibility for “calculating the sentence

expiration date and the earliest release date of any felony offender sentenced to the department of

correction....” (Id. at 5 (quoting Tenn. Code Ann. § 40-28-129).)

The Complaint lays out the various changes to Tennessee law governing sentencing and

release eligibility for individuals convicted of first-degree murder since 1979. It focuses on the

changes brought in under the Tennessee Criminal Sentencing Reform Act of 1989 (“1989 Act”)

and the 1995 amendment thereto. In particular, the Complaint challenges the constitutionality of

the 1995 amendment, as applied to Plaintiff through Defendant’s calculation of his time to serve.

The Complaint contains a lengthy section discussing the differences between a “release eligibility

date” and a “sentence expiration date,” and the applicability of these terms to first-degree murder

sentences generally (Doc. No. 1 at 6–12), if not to Plaintiff’s sentence in particular. The legislative

history helps explain the meaning of these terms and the differences between them.

Under the Class X Felonies Act of 1979, persons convicted of first-degree murder (and

other qualifying felonies) and sentenced to life imprisonment were required to serve 30 years

before becoming eligible for early release on parole, but they were unable to reduce their sentences

by earning sentence credits.1 In the 1983 amendments to the 1979 Act, Class X felons became

eligible to earn “prisoner performance sentence credits,” which would reduce their sentence

expiration date but would not affect their eligibility for early release on parole. Tenn. Code. Ann.

§ 40-28-301(1) (Supp. 1983). In 1985, the Act was again amended to allow Class X felons to earn

“prisoner sentence reduction credits” that could reduce both their sentence expiration dates and

their release eligibility dates. But neither the 1983 nor the 1985 amendments’ allowance for

reduced sentence expiration dates was useful to Class X felons sentenced to life imprisonment,

because “[b]y definition, a life sentence expires on the same day the prisoner does,” and that date

cannot be known in advance. Taylor v. Campbell, No. M2001-00479-COA-R3-CV, 2003 WL

22248231, at *4 (Tenn. Ct. App. Oct. 1, 2003) (discussing above statutory history).

Then, “as part of the 1989 Criminal Sentencing Reform Act, the General Assembly defined

a ‘life sentence’ as being a sentence of sixty years.” State v. Pimentel, No. M2023-00599-CCA-

1 As explained by the Tennessee Supreme Court, “[s]entence reduction credits operate distinctly from

eligibility for [early release on] parole,” insofar as:

Sentence reduction credits actually reduce a defendant’s sentence such that his or her term

of imprisonment expires earlier than it would without the credits. Sentence reduction

credits may also hasten a defendant’s [release eligibility date]. Parole, on the other hand,

allows a defendant to continue serving his sentence outside the walls of the prison; parole

does not actually reduce the parolee’s sentence.

Davis v. State, 313 S.W.3d 751, 757–58 (Tenn. 2010) (emphasis in original; internal citations omitted).

R3-CD, 2024 WL 712988, at *2 (Tenn. Crim. App. Feb. 21, 2024) (citing 1989 Tenn. Pub. Acts

ch. 591, § 6, codified at Tenn. Code Ann. § 40-35-501(g) (Supp. 1989)). Whereas a person

sentenced to “life without possibility of parole” does not have a baseline term of years to serve,

but “literally serves a sentence in the custody of the Tennessee Department of Correction, day for

day, for the remainder of his life,” State v. Miller, No. W2019-00197-CCA-R3-DD, 2020 WL

5626227, at *12 (Tenn. Crim. App. Sept. 18, 2020), the 1989 Act gave a person sentenced to “life”

a numerical equivalent for that sentence, 60 years,2 a percentage of which was used to fix the

period of eligibility for early release on parole. See Brown v. Jordan, 563 S.W.3d 196, 200 (Tenn.

2018); Tenn. Op. Att’y Gen. No. 97-098 (July 1, 1997). This quantification of a life sentence as

60 years in length served to distinguish it qualitatively from a sentence of life without possibility

of parole, which, as the Tennessee courts have emphasized, “will not expire.” Jackson, 2025 WL

1368591, at *3 (quoting Pimentel, 2024 WL 712988, at *3; Lacy v. State, No. M2020-01644-CCA-

R3-HC, 2022 WL 662569, at *3 (Tenn. Crim. App. Mar. 7, 2022)). The 1989 Act was amended

in 1995 to provide that life-sentenced inmates who committed certain offenses (including first-

degree murder) on or after July 1, 1995 could no longer qualify for early release on parole, but

could earn up to 9 years of credits against the 60-year duration of their life sentence. See Davis v.

State, 313 S.W.3d 751, 757 (Tenn. 2010); 1995 Tennessee Laws Pub. Ch. 492 (H.B. 1762). The

relevant text of Tenn. Code Ann. § 40-35-501 (titled “Eligibility; calculations”), including the

1995 amendment, read as follows:

(h)(1) Release eligibility for each defendant receiving a sentence of imprisonment

for life for first degree murder shall occur after service of sixty percent (60%) of

sixty (60) years less sentence credits earned and retained by the defendant, but in

no event shall a defendant sentenced to imprisonment for life be eligible for parole

until the defendant has served a minimum of twenty-five (25) full calendar years of

the sentence, notwithstanding the governor’s power to reduce prison overcrowding

2 See also State v. Jackson, No. W2024-01213-CCA-R3-CD, 2025 WL 1368591, at *3 (Tenn. Crim. App.

May 12, 2025) (finding that life sentence “equates to a sentence of sixty years”).

pursuant to title 41, chapter 1, part 5, any sentence reduction credits authorized by

§ 41-21-236 or any other provision of law relating to sentence credits. A defendant

receiving a sentence of imprisonment for life for first degree murder shall be

entitled to earn and retain sentence credits, but the credits shall not operate to make

the defendant eligible for release prior to the service of twenty-five (25) full

calendar years.

(2) There shall be no release eligibility for a defendant receiving a sentence of

imprisonment for life without possibility of parole for first degree murder.

(i)(1) There shall be no release eligibility for a person committing an offense, on or

after July 1, 1995, that is enumerated in subdivision (i)(2) [(a list that, prior to 2020,

included “Murder in the first degree” in (i)(2)(A))]. The person shall serve one

hundred percent (100%) of the sentence imposed by the court less sentence credits

earned and retained. However, no sentence reduction credits authorized by § 41-

21-236 or any other provision of law, shall operate to reduce the sentence imposed

by the court by more than fifteen percent (15%).3

Tenn. Code Ann. § 40-35-501 (Supp. 1995).

It was not until 2020 that the state legislature made explicit what its 1989 and 1995

enactments together implied: a person committing first-degree murder on or after July 1, 1995 and

receiving a life sentence “shall serve one hundred percent of sixty years” (with that sixty years

reducible to as few as 51 years if sufficient sentence credits are earned and retained by the inmate),

Tenn. Code Ann. § 40-35-501(h)(2),4 after which the life sentence is functionally expired in that

the inmate “is entitled,” not merely eligible, “to be released” from confinement. Williams v. State,

No. W2013-00555-CCA-R3HC, 2013 WL 5493568, at *2 (Tenn. Crim. App. Sept. 30, 2013)

(citation and internal quotation marks omitted). The new statutory text is set out below:

(h)(1) Release eligibility for a defendant committing the offense of first degree

murder on or after November 1, 1989, but prior to July 1, 1995, who receives a

sentence of imprisonment for life occurs after service of sixty percent (60%) of

sixty (60) years less sentence credits earned and retained by the defendant, but in

no event shall a defendant sentenced to imprisonment for life be eligible for parole

3 A 15% reduction from 60 years leaves 51 years to serve.

4 As stated above, prior to 2020, the statute had required service of “one hundred percent of the sentence

imposed by the court.”

until the defendant has served a minimum of twenty-five (25) full calendar years of

the sentence, notwithstanding the governor’s power to reduce prison overcrowding

pursuant to title 41, chapter 1, part 5, any sentence reduction credits authorized by

§ 41-21-236, or any other provision of law relating to sentence credits.

(2) There shall be no release eligibility for a person committing first degree

murder, on or after July 1, 1995, and receiving a sentence of imprisonment for life.

The person shall serve one hundred percent (100%) of sixty (60) years less sentence

credits earned and retained. However, no sentence reduction credits authorized by

§ 41-21-236 or any other law, shall operate to reduce the sentence imposed by the

court by more than fifteen percent (15%).

(3) There shall be no release eligibility for a defendant receiving a sentence of

imprisonment for life without possibility of parole for first degree murder or

aggravated rape of a child.

2020 Tennessee Laws Pub. Ch. 765 (H.B. 394).

Plaintiff was convicted of first-degree murder based on an offense that occurred on August

28, 2004. (Id. at 5, 22.) He was sentenced to life imprisonment under the 1995 amendment to the

1989 Act (id.)––a sentence which he emphasizes was imposed by the trial court under Tenn. Code

Ann. § 39-13-204.5 (Id. at 22.) Then as now, when a sentencing hearing is necessary, § 39-13-204

requires that such proceeding be separate from the determination of the defendant’s guilt of first-

degree murder––with the “separate sentencing hearing” to be conducted “before the same jury that

5 Although Tenn. Code Ann. § 39-13-204 prescribes the procedure for sentencing for first-degree murder,

it is Tenn. Code Ann. § 39-13-202 that fixes the penalties for first-degree murder. Under that statute, and

as relevant to Plaintiff’s case, “a person convicted of first degree murder . . . shall be punished by: (A)

Death; (B) Imprisonment for life without possibility of parole; or (C) Imprisonment for life.” Tenn. Code

Ann. § 39-13-202(c)(1). Under Tenn. Code Ann. § 39-13-208, the state must provide written notice of its

intent to seek either the death penalty or a sentence of life without possibility of parole. Tenn. Code Ann.

§ 39-13-208(a). If life without possibility of parole is sought, the state’s written notice must further “specify

the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing.” Id.

§ 39-13-208(b). If no such notice is filed, there is no sentencing hearing before the jury, because a sentence

of imprisonment for life is mandatory. Id. § 39-13-208(c) (“If notice is not filed pursuant to subsection (a)

or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty

of murder in the first degree.”); see State v. Booker, 656 S.W.3d 49, 55 & n.6 (Tenn. 2022) (“The trial court

merged the two felony murder convictions and, without a hearing, sentenced Mr. Booker to life in prison”;

“Mr. Booker was not eligible for the death penalty and the State did not give notice of intent to seek life

without parole. Thus, Mr. Booker’s sentence of life imprisonment was mandatory.”) (internal citations

omitted).

determined guilt”––“to determine whether the defendant shall be sentenced to death, to

imprisonment for life without possibility of parole, or to imprisonment for life.” Tenn. Code Ann.

§ 39-13-204(a). At the time of Plaintiff’s sentencing (and until 2021), § 39-13-204(e)(2) contained

the following language: “The [sentencing] jury shall be instructed that a defendant who receives a

sentence of imprisonment for life shall not be eligible for parole consideration until the defendant

has served at least twenty-five (25) full calendar years of such sentence.” This language

corresponded with provisions of Tenn. Code Ann. § 40-35-501 allowing for a life-sentenced first-

degree murderer to be eligible for early release on parole after service of between 25 and 36 years,

depending on the amount of sentence credits earned and retained, but did not account for § 40-35-

501’s exception for murders committed on or after July 1, 1995. Corresponding with the

amendment of § 40-35-501 in 2020, § 39-13-202(e)(2) was amended in 20216 and now reads, in

pertinent part: “If the defendant has been found guilty of first degree murder as described in § 39-

13-202(c)(1), then the jury shall be instructed that a defendant who receives a sentence of

imprisonment for life shall not be eligible for parole consideration until the defendant has served

at least fifty-one (51) full calendar years of the sentence.” Tenn. Code Ann. § 39-13-204(e)(2).

Plaintiff alleges that the 2020 amendment to § 40-35-501 spawned litigation in the

Chancery Court of Davidson County, which concluded with the entry of an agreed order and

judgment “that would re-calculate life sentences from 1995 until present at 60 years.” (Doc. No. 1

at 14 ¶ 65.) This agreed order was recently applied in Plaintiff’s case by Defendant Phillips. (Id.

at ¶ 66.)

6 2021 Tennessee Laws Pub. Ch. 528 (H.B. 511).

B. Plaintiff’s Claims

In Count 1 of the Complaint, Plaintiff claims that “Defendant Phillips’ calculation

procedures method, due to the arbitrary interpretation of Tennessee’s vague life sentence statutes,

has failed to apply Plaintiff’s life sentence pursuant to statutory and constitutional mandates.”

(Doc. No. 1 at 24.) He seeks declaratory relief, including “[a] finding that the relevant sentencing

statutes ..., as applied to Plaintiff, be found unconstitutionally vague and therefore unenforceable,”

and that they have resulted in “the infliction of cruel and unusual punishment, substantive due

process violations, Ex Post Facto violations and Equal Protection violations.” (Id. at 25.) He also

seeks injunctive relief, asserting that, because his sentence is “unenforceable,” he “must be

resentenced under the 1989 Sentencing Reform Act formerly (g).” (Id. at 25 (emphasis in

original).) He later clarifies that his “sentence must be calculated under § 40-35-501(h) under the

1989 Sentencing Reform Act (Formerly 501(g) parole eligible).” (Id. at 28.) These references to

subsection (g) appear to indicate Plaintiff’s desire to have his release eligibility recalculated under

the version of § 40-35-501(h) in effect at the time his offense was committed––which had been

denominated as subsection (g) under previous versions of the statute, see 1993 Tennessee Laws

Pub. Ch. 473 (H.B. 1532), and which set release eligibility after service of 60% of 60 years with a

25-year floor.

In Count 2 of the Complaint, Plaintiff seeks the same relief as in Count 1, based on his

contention that “Tennessee’s life sentence statutes, as applied to Plaintiff,” are void for vagueness.

(Id. at 26–27.)

The Complaint seeks only declaratory and injunctive relief against Defendant Phillips, who

is sued in her official capacity. Under Ex parte Young, 209 U.S. 123 (1908), a plaintiff may “bring

claims for prospective relief against state officials sued in their official capacity to prevent future

federal constitutional or statutory violations,” even though an official-capacity suit against state

officials would otherwise be barred by the state’s sovereign immunity. Boler v. Earley, 865 F.3d

391, 409–10, 412 (6th Cir. 2017) (citing S & M Brands, Inc. v. Cooper, 527 F.3d 500, 507 (6th

Cir. 2008)). Plaintiff’s suit seeks prospective relief against Defendant Phillips and is concerned

with her official role in calculating the date of his release from prison; it is therefore properly

before the Court under Ex parte Young.

C. Discussion

1. Claims Proper to Habeas

As an initial matter, the Complaint relies at various points on the inconsistency between

the pre-2021 version of § 39-13-204 (requiring that the jury be instructed “that a defendant who

receives a sentence of imprisonment for life shall not be eligible for parole consideration until the

defendant has served at least twenty-five (25) full calendar years of such sentence”)7 and the

version of § 40-35-501 in effect at the time of Plaintiff’s sentencing, in an apparent attempt to

vindicate his right to be correctly informed of the potential criminal penalties attached to a first-

degree murder charge. The inconsistency between these statutes allegedly interfered with

Plaintiff’s right to make an informed plea decision (Doc. No. 1 at 15 ¶ 71, 20–21 ¶¶ 94, 96, 98–

99) and “to have the jury know the range of punishment applicable to the charges before deciding

guilt or innocence.” (Id. at 12 ¶ 55.)

These assertions of constitutional deprivations resulting from the denial of Plaintiff’s rights

during the plea process and the process of instructing his jury during sentencing (id. at 21 ¶¶ 98–

99) cannot be pursued under § 1983.8 This is because they either (i) constitute a direct challenge

7 Tenn. Code Ann. § 39-13-204(e)(2) (Supp. 1996).

8 As discussed below, it is not clear that Plaintiff even had a sentencing jury.

to the validity of his conviction, his sentence, “or to particulars affecting the duration” of his

sentence, Muhammad v. Close, 540 U.S. 749, 750 (2004), or (ii) would––if established via a

declaratory order that his due process rights were violated (Doc. No. 1 at 25 ¶ 5(B), 27 ¶ 5(B))––

necessarily imply the invalidity of the punishment imposed upon him. See Edwards v. Balisok,

520 U.S. 641, 648 (1997). As explained by the U.S. Supreme Court in Muhammad and Edwards,

such challenges must be pursued in habeas corpus; they are not cognizable in a civil rights action

under § 1983. See also Kitchen v. Whitmer, 106 F.4th 525, 539 (6th Cir. 2024) (stating that

“prisoners can ‘proceed under § 1983’ if (1) they do not seek an ‘injunction ordering immediate

or speedier release into the community,’ and (2) ‘a favorable judgment would not necessarily imply

the invalidity of their convictions or sentences’”) (quoting Skinner v. Switzer, 562 U.S. 521, 533–

34 (2011)).

2. Claims Proper to Section 1983

a. Claims Concerning Calculations of Defendant

The Complaint is proper under § 1983 to the extent that it aims to secure a change in the

procedures used by Defendant Phillips to determine when Plaintiff’s confinement will end, without

seeking relief in the form of an order that his sentence be shortened or his release from confinement

be hastened. Wershe v. Combs, 763 F.3d 500, 504 (6th Cir. 2014). Even though Plaintiff asks to

be “resentenced,” the Court liberally construes this request as seeking (1) a declaration that prior

determinations of his date of release eligibility were reached using procedures that were

constitutionally infirm, and (2) an injunction ordering Defendant to undertake a future

determination, under constitutionally proper procedures, of Plaintiff’s eligibility under state law to

be considered for early release. If Plaintiff were asking to be “resentenced” because Defendant, in

calculating his release eligibility, applied fewer sentence credits than he was owed, such a claim

would have to be pursued in habeas, after proper exhaustion of state remedies. See Wilson v.

Rutherford Cnty. Det. Ctr., No. 3:19-CV-00570, 2019 WL 3574286, at *2 & n.1 (M.D. Tenn. Aug.

6, 2019) (finding that habeas corpus relief is exclusive remedy for claim of improper sentence

calculation due to improperly applied sentencing credits; noting that “felony offenders in

Tennessee may challenge their sentence calculations only [after exhausting] through the Uniform

Administrative Procedures Act, which requires inmates first to seek a declaratory order from the

Tennessee Department of Correction, followed, if necessary, by a petition for declaratory judgment

in the Davidson County Chancery Court”) (citations omitted). But a claim that early release was

improperly denied by reference to parole guidelines that were not constitutionally applied to the

plaintiff, and a request for an injunction ordering a new parole determination under constitutionally

proper procedures, is cognizable under § 1983. Wilkinson v. Dotson, 544 U.S. 74, 77–82 (2005).

The Complaint before this Court presents the latter scenario.

While its prayer for relief is appropriate under § 1983, the Complaint does not allege facts

corresponding with the elements of any particular constitutional claim. Rather, the Complaint first

makes separate, conclusory statements that Plaintiff’s constitutional rights have been violated

(Doc. No. 1 at 1–2) and then bundles such statements together into a single, conclusory assertion,

to wit:

Plaintiff alleges his cruel and unusual punishment arises out of Defendant Phillips’

arbitrary interpretation used in the calculation procedures method of Tennessee’s

unconstitutionally vague life sentence statutes, as applied to Plaintiff, violates

Plaintiff’s Eighth Amendment prohibition of cruel and unusual punishment,

Fourteenth Amendment Equal Protection and Due Process (substantive) Clause of

the Fourteenth Amendment, and Article I, Section 9, Clause 3 Ex Post Facto clause

of the United States Constitution.

(Doc. No. 1 at 4 ¶ 17.) The Complaint then proceeds to give a “Statement of Facts” that is thick

with legislative history and legal arguments, but thin on factual allegations that concern

Defendant’s calculation or recalculation of Plaintiff’s remaining time to serve. The only such

factual allegations that the Court can discern from the 29-page Complaint are:

(1) The Defendant originally sentenced the Plaintiff as described in the Sentence

Management Services Procedures Manual, page 17:

“Effective 7/1/95, offenders convicted of violent offenses

(committed on or after 7/1/95) and receive a life sentence (not Life

w/o Parole) must serve 60 years before parole eligibility. The

sentence can reduce to no less than 51 years with credit earned.”

and

(2) Just within the past ninety (90) days, Defendant Phillips has applied [the

Davidson County Chancery Court order] to re-calculate Plaintiff’s sentence using

[the 2020 amendment to § 40-35-501(h)].

(Id. at 23 ¶ 4, 14 ¶ 66.)9 Plaintiff elsewhere alleges, by way of background, that he “was tried by

jury and sentenced under the Tennessee Sentencing Reform Act of 1989 and subsequent 1995

amendment” (id. at 12 ¶ 56), though he also alleges that his sentence was “imposed under former

T.C.A. § 39-13-204,” which he claims is not reconcilable with the 1995 amendment. (Id. at 23 ¶

5.) He also appears to allege that the state did not file a notice of intent to seek the death penalty

or a sentence of life imprisonment without possibility of parole, and that the trial court was

therefore required to sentence him to “life with parole.” (Id. at 17 ¶ 80.)

The Complaint does not present sufficient facts to plausibly support its claims, in Count 1,

of violations of Plaintiff’s rights under the Eighth Amendment, Fourteenth Amendment, and Ex

Post Facto Clause. To state a claim, the Complaint must contain “either direct or inferential

allegations respecting all material elements necessary for recovery under a viable legal theory”;

9 According to Plaintiff, this manual refers to a requirement to serve 60 years (possibly to be reduced to as

low as 51 years based on credit earned) before reaching “parole eligibility.” The Court cannot say why the

manual would use that terminology when (as discussed elsewhere herein) what Tenn. Code Ann. § 40-35-

501 (h)(2) prescribes is a term of years (60 years, less any sentence credits earned and retained) after which

the person is entitled to be released, and not merely eligible to be released on parole.

“conclusory allegations or legal conclusions masquerading as factual allegations will not suffice.”

D’Ambrosio v. Marino, 747 F.3d 378, 383 (6th Cir. 2014) (citations omitted). While the Court

assumes for purposes of initial review that Plaintiff has standing to challenge Defendant’s recent

(and future) interpretation and application of laws that he claims to be vague, the facts alleged in

the Complaint tend to support the inference that nothing has really changed for Plaintiff since his

sentencing nearly 20 years ago. Although he alleges that he received a recalculation from

Defendant that applied a 2020 amendment to his sentence for an offense committed in 2004, he

did not include that recalculation among the attachments to the Complaint or otherwise describe

its particulars. Notably, he does not allege that, prior to the recalculation, Defendant had notified

him that he would be eligible for release from confinement (on parole or otherwise) on a date that

was then changed to a later date in the recalculation. Rather, it appears that the alleged “re-

calculat[ion] [of] Plaintiff’s sentence” in light of the Davidson County Chancery Court’s

September 30, 2022 order (Doc. No. 1 at 14 ¶¶ 65–66) did no more than reconcile TDOC’s records

with the language of “Tenn. Code Ann. § 40-35-501(h)(2), as amended,” to “reflect an expiration

date rather than a parole eligibility date.” (Case No. 3:23-cv-00975, Doc. No. 1-1 at 2.)10

Although Plaintiff alleges that the 2020 amendment requiring him to serve one hundred

percent of sixty years (less sentence credits) imposes “a punishment greater than that mandated by

[prior versions of the] statute” (Doc. No. 1 at 14 ¶ 67), in fact the new language fixing the outer

boundary of his prison term at 60 years is, at worst, “a matter of semantics” that does not have any

10 The Court takes judicial notice of an attachment to a different plaintiff’s pleading in another case in this

district, a case which was filed using the same template as the Complaint in the instant case (and scores of

other, related cases). “It is well established that a court can take judicial notice of its own files and records

under Rule 201 of the Federal Rules of Evidence.” ZMC Pharmacy, LLC v. State Farm Mut. Auto. Ins. Co.,

307 F. Supp. 3d 661, 665 n.1 (E.D. Mich. 2018) (quoting Gerritsen v. Warner Bros. Entm’t Inc., 112 F.

Supp. 3d 1011, 1034 (C.D. Cal. 2015); citing Woods v. Northport Public School, 487 F. App’x 968, 973

(6th Cir. 2012)).

negative effect on his punishment. State v. Scott, No. W2020-01574-CCA-R3-CD, 2021 WL

4786372, at *3 (Tenn. Crim. App. Oct. 14, 2021); see Booker, 656 S.W.3d at 55 n.6 (noting that

the new § 40-35-501(h)(2) is “substantively identical” to previous § 40-35-501(i)(1) and (i)(2)(A)).

Indeed, any difference between, on the one hand, serving “one hundred percent of the [life]

sentence imposed by the court less sentence credits earned and retained” (under Tenn. Code Ann.

§ 40-35-501(i)(1), which formerly applied to first-degree murderers) and, on the other hand,

serving “one hundred percent of sixty years less sentence credits earned and retained” (under the

2020 amendment to § 40-35-501(h)(2)) could only run in Plaintiff’s favor; there are simply no

grounds for his assertion (see Doc. No. 1 at 22 ¶ 2) that the pre-2020 statutory scheme could be

interpreted to establish that his sentence ends after service of 25–36 years. While Plaintiff argues

that the effect of recalculating his sentence “at 60 years” is to inflict “punishment greater than that

mandated by [§ 39-13-204],” which he claims could be read (alone or in combination with § 40-

35-501) to impose a 25-year sentence (Doc. No. 1 at 14 ¶¶ 65–67, 21 ¶ 100, 22 ¶ 2), the Court

finds it beyond reasonable dispute that § 39-13-204 does not “impose” or “mandate” any sentence

in a term of years. Rather, it recognizes that sentences of death, imprisonment for life without

possibility of parole, and imprisonment for life are authorized, Tenn. Code Ann. § 39-13-204(a),

and elsewhere speaks only of eligibility for early release from confinement. Id. § 39-13-204(e)(2).

As an inmate sentenced to life for a crime committed after 1989, Plaintiff has at all times been

sentenced to a 60-year prison term. See Davis v. Tennessee Dep’t of Correction, No. M2017-

02301-COA-R3-CV, 2018 WL 5618116, at *7 (Tenn. Ct. App. Oct. 30, 2018).

To the extent that Plaintiff is attempting to claim that the distinction between life

imprisonment and life imprisonment without possibility of parole will be a distinction without a

practical difference if he has to serve between 51 and 60 years (see Doc. No. 1 at 17 ¶¶ 77–80),

that claim must fail. Regardless of such pragmatic concerns, the fact remains that Plaintiff’s

sentence continues to allow the possibility of his eventual release from confinement, whereas a

sentence to life imprisonment without possibility of parole would not.11 (See Doc. No. 1-6,

Tennessee Pattern Jury Instruction Crim. 7.04(a) (“A defendant who receives a sentence of

imprisonment for life without parole shall never be eligible for release.”)); see also Booker, 656

S.W.3d at 90 (in dissent) (distinguishing authority that “applies to life-without-parole sentences,”

because “Tennessee’s life sentence is not that,” but is rather a “guarantee[ ] of release after sixty

11 Legislation that would change these dynamics has been proposed but has not passed. See 2021 S.B. 0561,

112th Gen. Assem. (2021) (proposing to reduce the portion of a person’s sentence for first-degree murder

that must be served prior to becoming eligible for parole to sixty percent of sixty years if sentenced to

imprisonment for life for an offense committed during certain dates or 100 percent of sixty years if

sentenced to imprisonment for life without the possibility of parole);

https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0561&GA=112 (last visited Aug. 7,

2026).

Legislation (specifically 2024 Public Chapter No. 1038, Section 2) was enacted in 2024 that changed

Tennessee Code Annotated, Section 40-35-501(h)(2)—which as indicated elsewhere herein deals

specifically with sentences of imprisonment for life for first degree murder—from what it was at the time

that Plaintiff filed his complaint. That legislation amended paragraph (h)(2) by deleting what had been the

last sentence of subdivision (h)(2) and substituting the following:

However, sentence reduction credits authorized by § 41-21-236 or any other law may:

(A) For offenses committed before July 1, 2024, reduce the sentence imposed by

the court by up to fifteen percent (15%); and

(B) For offenses committed on or after July 1, 2024, reduce by up to fifteen percent

(15%) the percentage of the sentence imposed by the court that the person must serve

before becoming eligible for release on parole but shall not alter the sentence expiration

date.

These changes do not appear to be of a kind that would have been material to Plaintiff’s complaint had

they been enacted prior to its filing. Having said that, the Court cannot ascertain why the new language of

paragraph (h)(2) refers to “eligibility for release on parole” from a sentence of life imprisonment for first

degree murder, given that: (i) earlier in paragraph (h)(2) it is stated that “[t]here shall be no release

eligibility” for a person receiving such a sentence; and (ii) as noted above, what subparagraph (h)(2)

prescribes is a term of years (60 years, less any sentence credits earned and retained) after which the person

is entitled to be released, and not merely eligible to be released on parole. But in any event, obviously these

changes are not implicated by Plaintiff’s complaint, given that they post-date the filing of Plaintiff’s

complaint. It appears to the Court that at times relevant documents—for example, 2024 Public Chapter No.

1038, discussed below, speak in terms of the release from a sentence of life imprisonment for first degree

murder

years and [an] offer[ ] [of] release as early as fifty-one years, if the offender earns good-time

credits”); Pimentel, 2024 WL 712988, at *3 (finding that, “because a sentence of life without

possibility of parole will not expire, it is qualitatively different from a ‘life sentence’”) (citation

and internal quotation marks omitted); State v. Miller, No. W2019-00197-CCA-R3-DD, 2020 WL

5626227, at *12 (Tenn. Crim. App. Sept. 18, 2020) (a person sentenced to life without possibility

of parole “literally serves a sentence in the custody of the Tennessee Department of Correction,

day for day, for the remainder of his life”).

The Court has liberally construed Plaintiff’s request to “be resentenced” (Doc. No. 1 at 25,

27–28) as a request for an order enjoining (requiring) Defendant to redetermine his eligibility for

release under § 40-35-501(h)(1) as it existed at the time of his sentencing (and thereafter until

2020), when that subsection could, he argues, be read to provide eligibility for release on parole

after service of between 25 and 36 years. Tenn. Code Ann. § 40-35-501(h)(1) (Supp. 2004). But

ultimately Plaintiff’s request invites the Court to declare that former subsection (i)’s removal of

release eligibility in 1995 is invalidated or outweighed by the combination of former subsection

(h)(1)’s setting of eligibility “when the individual has served a minimum of 25 full calendar years,”

and former § 39-13-204(e)(2)’s “require[ment] [that] a jury be informed of the twenty-five year

minimum,” because the latter two provisions remained unchanged when subsection (i) was added.

(Doc. No. 1 at 15 ¶ 69.) Otherwise, Plaintiff asserts, he will have been “sentenced and then

recalculate[d] [with] a punishment greater than that mandated by statute.” (Id. at 14 ¶ 67 (citing

Tenn. Code Ann. § 39-13-204).)

Plaintiff cannot plausibly claim entitlement to such relief. To begin with, if the state did

not provide written notice of its intent to seek a sentence of death or imprisonment for life without

possibility of parole (see id. at 17 ¶ 80), there would have been no need for a sentencing hearing,

see Tenn. Code. Ann. § 39-13-208(c), and Plaintiff’s concern over how a sentencing jury is

instructed under § 39-13-204(e)(2) is merely academic, with no application to his case in

particular.12

More fundamentally, this Court cannot declare, in an action under § 1983, that a state

statutory scheme is invalid on grounds of its internal inconsistency or its inconsistency with the

intent of the state legislature, but only on grounds that it is inconsistent with federal law. No viable

federal claim has been plausibly pled here. Moreover, the intent of the Tennessee legislature with

regard to these release-eligibility issues has been discerned in a line of Tennessee appellate

decisions,13 the upshot of which is this: whether former subsection (i) of § 40-35-501 actually

conflicts or just apparently conflicts with former subsection (h) in cases of life-sentenced inmates

convicted of first-degree murder,14 the plain language of former subsection (i) clearly and

unambiguously demonstrates that it applies to defendants like Plaintiff, whose offenses were

committed on or after July 1, 1995. Hill v. Genovese, No. W2021-01150-CCA-R3-HC, 2022 WL

12 The Court takes judicial notice of the decisions of the Tennessee Court of Criminal Appeals on Plaintiff’s

direct and post-conviction appeals, Cartwright v. State, No. M2018-01544-CCA-R3-PC, 2020 WL

1867042 (Tenn. Crim. App. Apr. 14, 2020); State v. Cartwright, No. M2007-00500-CCA-R3-CD, 2008

WL 902093 (Tenn. Crim. App. Apr. 3, 2008), which do not suggest that he had a sentencing hearing before

a jury.

13 See, e.g., Davis v. Tennessee Dep’t of Correction, No. M2017-02301-COA-R3-CV, 2018 WL 5618116,

at *3, 4–6 (Tenn. Ct. App. Oct. 30, 2018) (stating issue as “whether [TDOC] was correct in relying on

Tenn. Code Ann. § 40-35-501(i) in calculating” release date, or whether it “should have applied Tenn. Code

Ann. § 40-35-501(h)(1) and § 39-13-204(e)(2) instead”; surveying history of cases addressing “[t]he

conflict regarding these statutes”).

14 See Vaughn v. State, 202 S.W.3d 106, 118 (Tenn. 2006) (finding that because subsection (i) did not

expressly state that subsection (h) would no longer apply to a person committing an offense on or after July

1, 1995, the subsections were in conflict, but the more recently enacted (i) repealed any irreconcilable

provision in (h) by implication), abrogated in part by Brown v. Jordan, 563 S.W.3d 196, 202 (Tenn. 2018)

(finding that, although there may appear to be a conflict “[a]t first blush,” “the release eligibility provisions

of subsection (h) do not conflict with the release eligibility provisions of subsection (i)(1) but instead

provide for a different release eligibility for first-degree murders (among other offenses) occurring on or

after July 1, 1995”).

1077316, at *3 (Tenn. Crim. App. Apr. 11, 2022) (“The plain language of Code section 40-35-

501(i)(1) states that a person who commits first degree murder on or after July 1, 1995, must serve

one hundred percent of the sentence less sentence credits earned and retained, but the sentence

credits cannot operate to reduce the sentence imposed by more than fifteen percent. This language

is clear and unambiguous.”). Although the issue with regard to how the jury is instructed under

former § 39-13-204 may (if timely raised) have been a viable concern on state post-conviction

review,15 Tennessee courts have held that, in enacting § 40-35-501(i), “the legislature clearly

intended to change the minimum release eligibility date for a life sentence from twenty-five (25)

years to fifty-one (51) years.” Davis, 2018 WL 5618116, at *4; see Brown, 563 S.W.3d at 200

(“When the General Assembly added subsection (i) in 1995, the minimum sentence a defendant

must serve prior to becoming eligible for release was increased” from 60% of 60 years (less

sentence credits to a floor of 25 years) to 100% of 60 years (less sentence credits to a floor of 51

years)). Having committed his crime well after this change was made, Plaintiff cannot evade the

consequences of its applicability to him.

In sum, Count 1 of the Complaint fails to state any viable constitutional claim.

b. Claim Based on Alleged Vagueness of the State Sentencing Scheme

Count 2 of the Complaint seeks injunctive relief based on the alleged vagueness of the

Tennessee statutes under consideration here. The Court must begin its analysis of Count 2 by

noting that the statutory sentencing scheme is not void for vagueness simply because it contains

conflicting or apparently conflicting provisions that Plaintiff has difficulty reconciling. See United

15 See Vaughn, 202 S.W.3d at 119–20 (Tenn. 2006) (reversing conviction and remanding for new trial where

it was “reasonably probable that the jur[y] would have convicted . . . of a lesser offense had they been read

a correct instruction on release eligibility,” rather than one that “instructed that, if convicted of first degree

murder, the defendant would be eligible for release after twenty-five years, when in fact, he would not be

eligible for release until the completion of fifty-one years”).

States v. Woods, 730 F. Supp. 2d 1354, 1365 (S.D. Ga. 2010) (stating that “differing factual

circumstances [that] make the task . . . more difficult in determining whether the requirements of

the statutes have been met . . . do not make a statute unconstitutionally vague”). In Davis, the

Tennessee Court of Appeals considered and rejected such a vagueness argument as applied to the

differences between former § 40-35-501(i) and the combination of §§ 39-13-204(e)(2) and 40-35-

501(h)(1), as follows:

Davis’s brief raises a rather unusual vagueness argument––that the conflicting

statutes “would necessarily cause people of common intelligence to ‘guess at the

meaning of [the] statute and differ as to its application.’” Davis brief, at 39 (quoting

State v. Boyd, 925 S.W.2d 237, 243 (Tenn. Crim. App. 1995)). As the federal court

for the Eastern District of California observed earlier this year, “plaintiffs do not

cite, and the court is unaware of, any case that has held an enactment to be void for

vagueness because it conflicts with another enactment and it is not clear which

enactment controls.” Wiese v. Becerra, 306 F. Supp. 3d 1190, 1200 (E.D. Cal.

2018). See also Karlin v. Foust, 188 F.3d 446, 469 (7th Cir. 1999) (stating that

conflicting statutes do not create a void for vagueness issue, but rather “create[ ] a

question of implied repeal under Wisconsin law”). ... The California district court

went on to explain that “the later-enacted version controls.” Wiese, 306 F. Supp. 3d

at 1200. “It is not beyond the capacity of individuals with ordinary intelligence to

look up the enactment dates” of the statutes. Wiese v. Becerra, 263 F. Supp. 3d 986,

997 (E.D. Cal. 2017) (denying motion for preliminary injunction). “A statute is not

vague ‘which by orderly processes of litigation can be rendered sufficiently definite

and certain for purposes of judicial decision.’” State v. Burkhart, 58 S.W.3d 694,

697 (Tenn. 2001) (quoting State v. Wilkins, 655 S.W.2d 914, 916 (Tenn. 1983). We

also agree with the trial court that any question as to the proper interpretation of the

statutes was resolved by Vaughn. To paraphrase United States v. Culbert, 435 U.S.

371, 379 (1978), we decline to manufacture vagueness where none exists.

Davis, 2018 WL 5618116, at *8.

This Court likewise finds no grounds supporting a colorable claim that the Tennessee

statutes under consideration are void for vagueness. In the first place, it is not clear that this

doctrine (that criminal statutes may be rendered void by their vagueness) even applies to statutes

that do not proscribe conduct, fix sentences, or set standards for state-mandated parole

determinations,16 but instead speak to eligibility for early release based on a sentence that is already

fixed and as to which release on parole is not mandated17––in this case, “imprisonment for life,” a

sentence fixed by Tenn. Code Ann. § 39-13-202(c)(1). See also Tenn. Code Ann. § 40-35-211(1)

(“Specific sentences for a felony shall be for a term of years or months or life, if the defendant is

sentenced to the department of correction[.] . . . There are no indeterminate sentences.”). Section

40-35-501 appears in the part of the statutory series applicable to “Release and Parole”; is titled

“Eligibility; Calculations”; and specifies for those purposes that a first-degree murderer’s life

sentence is equivalent to sixty years––it does not fix the sentence for first-degree murder. See

Tenn. Code Ann. § 40-35-501(h)–(i) (defining “release eligibility,” or the lack thereof, for

defendants who “receiv[e] a sentence of imprisonment for life”). Accordingly, it is not clear that

this statute is susceptible to Plaintiff’s vagueness claim. See also Walker v. Sisto, No. CIV S-07-

2070 JAM, 2011 WL 3925079, at *8 (E.D. Cal. Sept. 7, 2011) (rejecting vagueness claim because,

e.g., the Constitution “does not require the same precision in the drafting of parole release statutes

16 Compare Johnson v. United States, 576 U.S. 591, 596 (2015) (void-for-vagueness “principles apply not

only to statutes defining elements of crimes, but also to statutes fixing sentences”) and Hess v. Bd. of Parole

& Post-Prison Supervision, 514 F.3d 909, 914 (9th Cir. 2008) (applying lesser vagueness standard to statute

governing parole determinations in Oregon, where prisoners have statutory right to release on parole unless

certain conditions are met) with United States v. Nat’l Dairy Prod. Corp., 372 U.S. 29, 32–33 (1963) (“Void

for vagueness simply means that criminal responsibility should not attach where one could not reasonably

understand that his contemplated conduct is proscribed.”).

17 Section 40-35-501(a)(2) states that, with the exception of inmates sentenced to life without possibility of

parole, “inmates with felony sentences of more than two (2) years . . . shall be eligible for parole

consideration.” Tenn. Code Ann. § 40-35-501(a)(2) (emphasis added); see 1990 Tennessee Laws Public

Ch. 729. There is no right to release on parole in Tennessee. See Wortman v. Tennessee, No. 3:20-CV-

00156, 2020 WL 1666601, at *4 (M.D. Tenn. Apr. 3, 2020). Nor does § 40-35-501(a)(2)’s provision that

felons sentenced to more than two years shall be eligible for parole consideration render the subject early-

release scheme voidable. That generally applicable provision has effectively been superseded (since 1995)

as it relates to particular life-sentenced felony offenders (including those convicted of first-degree murder)

who committed their offenses on or after July 1, 1995; as discussed above, those offenders may not be

granted early release to serve their remaining sentences on parole, but may only be released prior to sixty

years if they reduce their sentence by earning good-time and other credits pursuant to, e.g., Tenn. Code

Ann. § 41-21-236.

as is required with respect to penal laws”); Lee v. Withrow, 76 F. Supp. 2d 789, 793 (E.D. Mich.

1999) (rejecting vagueness challenge where “the statute is not penal in nature but is designed

instead to [guide the] determin[ation of] whom to release on parole”).

Even if the void-for-vagueness doctrine applies, the statutes under consideration are not

impermissibly vague. “The void-for-vagueness doctrine prohibits the government from imposing

sanctions under a criminal law so vague that it fails to give ordinary people fair notice of the

conduct it punishes, or so standardless that it invites arbitrary enforcement.” Welch v. United

States, 578 U.S. 120, 124 (2016) (citation and internal quotation marks omitted). While the

structure and wording of § 40-35-501 prior to its 2020 amendment may not be a model of clarity,

it is not unusual or unconstitutional for succeeding statutory provisions to establish exceptions

from what prior provisions would otherwise prescribed. See Cyan, Inc. v. Beaver Cnty. Emps. Ret.

Fund, 583 U.S. 416, 428 (2018) (noting that Congress “often drafts statutes with hierarchical

schemes––section, subsection, paragraph, and on down the line” and has, in “[t]housands of

statutory provisions,” drawn an exception within the scheme “to indicate that one rule should

prevail over another in any circumstance in which the two conflict”). Nor is it remarkable that

more specific statutory provisions control over more general statutory provisions. United States v.

Perry, 360 F.3d 519, 535 (6th Cir. 2004) (“One of the most basic canons of statutory interpretation

is that a more specific provision takes precedence over a more general one.”) (citing, e.g., Green

v. Bock Laundry Mach. Co., 490 U.S. 504, 524 (1989)). Both of these principles apply in this case

and require that later subsections of § 40-35-501 governing the particulars of release eligibility for

first-degree murderers prevail over that statute’s earlier, general statement that felony offenders

sentenced to more than 2 years “shall be eligible for parole consideration” unless sentenced to life

without possibility of parole, Tenn. Code Ann. § 40-35-501(a)(2). Likewise, former § 40-35-

501(i)’s later-added language pertaining to a particular kind of life-sentenced, first-degree

murderer (one whose offense was committed “on or after July 1, 1995”) establishes a non-vague

exception that, by virtue of its later date, should be readily perceivable by an ordinary person as

“tak[ing] precedence over” the earlier language of former subsection (h)(1) that pertained to life-

sentenced murderers in general. Hill, 2022 WL 1077316, at *3. As the Tennessee Supreme Court

has clarified, the apparent conflict between former subsections (h)(1) and (i) is a feature, not a bug,

in a system that had to account for subsequent prosecutions of murders committed prior to 1995,

given that there is no statute of limitation for prosecuting first-degree murder.18 Brown, 563

S.W.3d at 201. In sum, the Complaint fails to mount a plausible vagueness challenge to these

statutory mechanics.

Of course, if Plaintiff previously believed that he would be eligible for release after service

of between 25 and 36 years and was recently informed by Defendant that he could not be released

until service of at least 51 years, he would understandably be upset by that clarification. But

Defendant “cannot be required to alter correct sentence calculations because information based on

an incorrect calculation has been provided to the prisoner.” Bonner v. Tennessee Dep’t of

Correction, 84 S.W.3d 576, 582 (Tenn. Ct. App. 2001). And Plaintiff’s own allegations

demonstrate that any previous belief that he had, at most, 36 years to serve before being eligible

for release would have been incorrect, as the 25–36 year time horizon was allegedly applied by

Defendant (per the Manual that guides such calculations) to “life sentence conviction[s] with a

date of offense [from] 11-1-89 to 6-30-95” (Doc. No. 1 at 10 ¶ 46)––a category that does not

include Plaintiff’s conviction. This Court obviously cannot order Defendant to recalculate

18 The notion seems to be that the amended statute had to leave in place the prior rules for murders

committed prior to the effective date (July 1, 1995) of the amendments (perhaps to account for ex post facto

concerns), while pronouncing new rules for murders committed after the effective date. This notion is very

unexceptional and explains much here.

Plaintiff’s release eligibility as though his offense was committed prior to July 1, 1995, when it

was not.19

To the extent that Plaintiff claims unconstitutional vagueness by arguing that the language

of § 39-13-204 at the time of his 2004 offense––referring to “parole consideration” for life-

sentenced inmates after at least 25 years in prison––was misleading despite the language of § 40-

35-501(i) that specifically excluded such consideration in post-1995 cases such as his, that is not

a matter of vagueness in the statutory scheme, but is an attempt “to manufacture vagueness where

none exists.” Davis, 2018 WL 5618116, at *8. Because of the date of the offense that gave rise to

his life sentence, Plaintiff never had “release eligibility” under §§ 39-13-204 and 40-35-501; what

he always has had instead––something that offenders sentenced to life without possibility of parole

never have had––was a terminus for incarceration under those statutes. As the Tennessee Court of

Criminal Appeals has explained:

[A] person convicted of a murder which occurs on or after July 1, 1995, and who

receives a sentence of imprisonment for life, can be granted certain statutorily

authorized “sentence reduction credits” up to nine years. T.C.A. § 40-35-501(i)(1).

Thus, if such an inmate obtains the maximum number of allowable sentence

reduction credits, he will obtain credit for service of the entire sixty-year sentence

after having been incarcerated for fifty-one years. See T.C.A. § 41-21-236

(“‘sentence credits’ includes any credit, whether called that or not, that results in a

reduction of the amount of time an inmate must serve on the original sentence or

sentences.”) Thus, a person convicted after July 1, 1995, and who receives a

sentence of imprisonment for life will never be on parole. When that person has

actually served the determinate sentence of sixty years (comprising years actually

incarcerated plus time credited by sentence reduction credits) he is released.

19 The Tennessee Supreme Court in Booker did take this tact in a carefully cabined ruling applicable “only

to juvenile homicide offenders—not to adult offenders,” in order to provide a remedy after finding the

mandatory sentence of fifty-one to sixty years unconstitutional as applied to juveniles. State v. Booker, 656

S.W.3d at 66 (Tenn. 2022). The concerns before the Booker court are not present in the case before this

Court.

State v. Miller, No. W2019-00197-CCA-R3-DD, 2020 WL 5626227, at *12 (Tenn. Crim. App.

Sept. 18, 2020), aff’d in part and rev’d in part, 638 S.W.3d 136 (Tenn. 2021) (approving, in

footnote 14, of the foregoing “thorough explanation” of release eligibility).

In short, for first- degree murders committed on or after July 1, 1995, neither a sentence of

life imprisonment nor a sentence of life imprisonment without possibility of parole is subject to

parole—but the former kind of sentence mandates release between 51 and 60 years, whereas the

latter kind of sentence does not allow for release at any point during the defendant’s life. And there

is nothing unclear about this once an adequate statutory analysis is completed, even though

admittedly such an analysis takes some doing. The pertinent distinctions are drawn clearly enough

to give an ordinary person fair notice of his release eligibility if convicted of first-degree murder

in Tennessee, and to allow for “principled distinction[s]” rather than “wholly arbitrary and

capricious action” by Defendant Phillips in calculating dates of parole eligibility or, as the case

may be, sentence expiration. Hess v. Bd. of Parole & Post-Prison Supervision, 514 F.3d 909, 914

(9th Cir. 2008) (quoting Lewis v. Jeffers, 497 U.S. 764, 774–76 (1990)). They are not

impermissibly vague on their face or as applied to offenders, like Plaintiff, who committed first-

degree murder on or after July 1, 1995.

CONCLUSION

Plaintiff asserts that Defendant’s calculation of the date upon which his confinement will

end is arbitrary and that he has therefore been deprived of his “right of substantial due process,”

his “right to be free from cruel and unusual punishment,” his “right to equal protection of the law,”

and his rights under the Ex Post Facto Clause. (Doc. No. 1 at, e.g., 20 ¶ 92, 21 ¶98, 28 ¶ C.) But

these are mere legal conclusions. Plaintiff has not alleged facts about his particular circumstances

from which any such violations could reasonably be inferred, nor does it appear that this defect

could be cured by amendment of the Complaint. Moreover, Plaintiff has not plausibly claimed that

the Tennessee statutes discussed herein are void for vagueness. His Complaint fails to state a claim

upon which relief may be granted and must therefore be dismissed under 28 U.S.C. § 1915A(b)(1).

An appropriate corresponding order will enter, in which the Court will order the dismissal

of the Complaint and also address Plaintiffs pending “Motion for Leave to File an Amended

Complaint” (Doc. No. 11, “Motion for Leave to Amend”)—a motion that the Court will consider

despite the dismissal of the Complaint.”°

ELI RICHARDSON

UNITED STATES DISTRICT JUDGE

The Court presently believes that it potentially could, at least under certain circumstances and/or

conditions, allow the filing of an amounted complaint to perpetuate the instant case, despite the dismissal

of the original complaint. Before deciding whether to take this approach, the Court will allow Defendant to

respond to the Motion for Leave to Amend and allow Plaintiff the opportunity to file an optional reply in

support of that motion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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