Word filed suit against the Sumner County Sheriff's Department and other defendants alleging civil rights violations stemming from his arrest on January 4, 2025. The pro se plaintiff sought a preliminary injunction and emergency protective order claiming ongoing retaliation, pointing to his recent incarceration for contempt of court as evidence of continuing harm.
Judge Crenshaw rejected Word's argument, noting a fundamental flaw in his theory of ongoing injury. "Word does not allege, let alone present evidence, that any Defendant was responsible for the finding of contempt of court," Crenshaw wrote. "On the contrary, Word asserts that non-Defendant Judge Dee Gay made the finding." The court applied the standard four-factor test for preliminary injunctions but found it unnecessary to reach the other prongs given Word's failure on irreparable harm.
The court emphasized that "a plaintiff must present the existence of an irreparable injury to get a preliminary injunction," and that "to merit a preliminary injunction, an injury must be both certain and immediate, not speculative or theoretical." Because Word could not tie his alleged ongoing harm to conduct by the named defendants, his motions failed at the threshold.
Word also sought leave to amend his complaint, but that motion was denied without prejudice for failing to comply with local court rules. Instead of attaching a proposed amended complaint as required, Word submitted a "Table of Authorities and Constitutional Violations in Support of Plaintiff's Claims and Pending Motions." Judge Crenshaw noted that "amended pleadings must restate the entirety of the pleading with amendments incorporated, rather than merely reciting the amended sections."
The court identified a potentially more serious problem with Word's case: apparent inconsistencies regarding his criminal proceedings. In his original complaint, Word claimed "all criminal charges against Plaintiff had been dismissed" and that he "obtained a Certificate of Dismissal / Deletion." However, the court's review of Sumner County online records revealed pending charges for "Resisting a Stop, Arrest, or Search and other offenses" with a violation date of January 4, 2025.
Judge Crenshaw warned that if Word faces ongoing criminal prosecution, "some or all of his claims may be barred by Heck v. Humphrey," the Supreme Court decision that prevents civil rights plaintiffs from challenging convictions through § 1983 suits. The court also raised the possibility of sanctions, noting that "if Word made deliberate misstatements in his Complaint or other filings regarding the status of his state criminal proceedings, he may be subject to sanctions."
The ruling highlights the intersection between civil rights litigation and ongoing criminal proceedings, where the Heck doctrine can effectively pause or bar federal civil rights claims. The court ordered both parties to provide a status update on Word's criminal case by May 1, 2026, including the status of those proceedings both currently and on January 2, 2026, when Word filed his federal complaint.