Tony Von Carruthers v. Jonathan Skrmetti

CourtCourt of Appeals for the Sixth Circuit
DecidedMay 20, 2026
Docket26-5433
StatusUnpublished

This text of Tony Von Carruthers v. Jonathan Skrmetti (Tony Von Carruthers v. Jonathan Skrmetti) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tony Von Carruthers v. Jonathan Skrmetti, (6th Cir. 2026).

Opinion

NOT RECOMMENDED FOR PUBLICATION File Name: 26a0220n.06

Case No. 26-5433

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED May 20, 2026 ) KELLY L. STEPHENS, Clerk TONY VON CARRUTHERS, ) Plaintiff-Appellant, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE MIDDLE DISTRICT OF JONATHAN THOMAS SKRMETTI, ) TENNESSEE Attorney General, Tennessee et al., ) Defendants-Appellees. ) OPINION ) )

Before: READLER, MURPHY, and MATHIS, Circuit Judges.

PER CURIAM. Tony Carruthers is a Tennessee capital prisoner whose execution is

scheduled to proceed on Thursday, May 21, 2026, at 10:00 a.m. He brought an action under 42

U.S.C. § 1983 seeking injunctive and declaratory relief, arguing that Tennessee’s Post-Conviction

Fingerprint Analysis Act of 2021 (“Fingerprint Act”) and Post-Conviction DNA Analysis Act of

2001 (“DNA Act”) are unconstitutional. The district court denied preliminary injunctive relief to

Carruthers. Carruthers appeals the district court’s decision and moves to stay his execution. For

the reasons below, we affirm and we deny Carruthers’s motion to stay execution.

I.

In 1996, a jury convicted Carruthers of three counts of first-degree murder and imposed a

death sentence for each count. Carruthers v. Mays, 889 F.3d 273, 276 (6th Cir. 2018). We

previously summarized the circumstances that led to the charges and convictions as follows: No. 26-5433, Carruthers v. Skrmetti

In February of 1994, Carruthers and an accomplice, James Montgomery, assaulted two men and a woman, robbed them, then buried the three alive. The victims’ bodies were found buried in a cemetery in Memphis, Tennessee about a week after they had disappeared. The jury found that the aggravating circumstances surrounding Carruthers’s crimes outweighed the mitigating circumstances beyond a reasonable doubt.

Id. at 276–77 (citation modified). Carruthers represented himself at trial.

II.

While the appellees raise a number of jurisdictional objections, including questions

regarding the Rooker-Feldman doctrine and Article III standing, we can affirm the denial of a

preliminary injunction and deny the stay on the merits. See Arizona v. Biden, 40 F.4th 375, 390

(6th Cir. 2022) (considering whether the plaintiffs were likely to succeed on the merits of their

claim when their standing was in doubt). We turn first to Carruthers’s due-process claims. The

Fourteenth Amendment protects against the deprivation of “life, liberty, or property, without due

process of law.” U.S. Const. amend. XIV, § 1. The procedural-due-process component of this

Amendment requires “the government to provide fair procedure before depriving a person of life,

liberty, or property.” Lifestyle Communities., Ltd. v. City of Worthington, 165 F.4th 1013, 1026

(6th Cir. 2026) (citation modified). So to prevail on a procedural-due-process claim, a plaintiff

must show (1) “deprivation by state action of a protected interest in life, liberty, or property,” and

(2) “inadequate state process.” Reed v. Goertz, 598 U.S. 230, 236 (2023)

Individuals convicted of crimes in state court “have a liberty interest in demonstrating their

innocence with new evidence under state law.” See Gutierrez v. Saenz, 606 U.S. 305, 314 (2025)

(citation modified). But the types of federal actions a state prisoner may bring for post-conviction

DNA testing are “severely limit[ed].” Reed, 598 U.S. at 235 (quotation omitted). The Supreme

Court has “rejected the extension of substantive due process to this area, and left slim room for the

-2- No. 26-5433, Carruthers v. Skrmetti

prisoner to show that the governing state law denies him procedural due process.” Skinner v.

Switzer, 562 U.S. 521, 525 (2011) (citation modified).

Carruthers seeks to fit his § 1983 lawsuit in this “slim room” left by the Supreme Court.

Id. He raises a procedural-due process challenge to the Fingerprint Act, the DNA Act, and

Tennessee Supreme Court Rule 12.4(E).

Carruthers’s procedural-due-process challenges fail because he has failed to show the

deprivation of any protected liberty interest. We address each challenge in turn.

A.

We begin with Tennessee’s Fingerprint Act. The Fingerprint Act allows petitioners to have

fingerprints “analyzed and compared for identification purposes, including, but not limited to,

latent print comparisons and searches in fingerprint databases.” Tenn. Code Ann. § 40-30-402.

Petitioners convicted of specific crimes, including first-degree murder, can ask the state court to

order a fingerprint analysis of any evidence in the possession or control of the prosecution or law

enforcement agency that is related to the investigation or prosecution that resulted in a conviction.

Id. § 40-30-403.

There are two ways that a court can order an analysis—one mandatory and the other

discretionary. A “court shall order fingerprint analysis” if it finds:

(1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through fingerprint analysis;

(2) The evidence is still in existence and in such a condition that fingerprint analysis may be conducted;

(3) The evidence was never previously subjected to fingerprint analysis, was not subjected to the analysis that is being requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new

-3- No. 26-5433, Carruthers v. Skrmetti

method or technology that is substantially more probative than the prior analysis; and

(4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.

Id. § 40-30-404 (emphasis added). And a “a court may order fingerprint analysis” if it determines:

(1) A reasonable probability exists that analysis of the evidence will produce fingerprint results that would have rendered the petitioner’s verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction;

(2) The evidence is still in existence and in such a condition that fingerprint analysis may be conducted;

(3) The evidence was not previously subjected to fingerprint analysis, was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new method or technology that is substantially more probative than the prior analysis; and

(4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.

Id. § 40-30-405 (emphasis added).

Carruthers challenges the Fingerprint Act’s exculpatory-results provision. He alleges that

the authoritative construction of the statute’s “reasonable probability” inquiry places “an

insurmountable burden that the Legislature did not intend and that no petitioner could realistically

satisfy.” R. 32, PageID 1587.

To begin, “[a] criminal defendant proved guilty after a fair trial does not have the same

liberty interests as a free man.” Dist. Att’y’s Off. for Third Jud. Dist. v.

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