3:25-cv-00567•HOLT v. HARTLINE et al
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JOSHUA HOLT, Plaintiff, v. Case No.: 3:25cv567/LC/ZCB J. HARTLINE, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff is a prisoner proceeding pro se and in forma pauperis (IFP) in this civil rights action under 42 U.S.C. § 1983. After performing its screening duties under 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a)-(b), the Court identified several deficiencies in Plaintiff’s second amended complaint (Doc. 13) and ordered Plaintiff to correct those deficiencies by filing a third amended complaint. (Doc. 15). Plaintiff has now filed a third amended complaint. (Doc. 16). The Court is statutorily required to screen Plaintiff’s complaint to determine whether it is frivolous, malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a)-(b). Upon review, several of the claims and allegations in Plaintiff’s third amended Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 1 of 14
2 complaint fail to state a claim on which relief may be granted. Accordingly, those claims should be dismissed and the case recommitted to the undersigned for further proceedings on the remaining claims. I. The Allegations in the Third Amended Complaint1 A. The October 8, 2024, incident. Plaintiff names seven Florida Department of Corrections (FDOC) officials from the Walton Correctional Institution as Defendants: (1) Lieutenant J. Hartline; (2) Sergeant Coffman; (3) Captain Lawrence; (4) Sergeant Robson; (5) Officer Sellers; (6) Sergeant O’Brien; and (7) Officer N. Johnson. (Doc. 16 at 3-5). Plaintiff sues all Defendants in their individual capacities. (Id.). On October 8, 2024, Plaintiff “declared a psychological emergency” to Defendant Coffman. (Doc. 16 at 7). Defendant Coffman handcuffed Plaintiff and contacted Defendant Lawrence via radio. (Id.). Defendant Coffman then took Plaintiff to the prison’s medical department for a psychological evaluation. (Id.). After arriving at the medical department, Defendant Coffman “encouraged” Defendant Lawrence to 1 At this stage, the Court assumes the truth of Plaintiff’s allegations. DeVillier v. Texas, 601 U.S. 285, 288 n.1 (2024). And because Plaintiff is proceeding pro se, the Court “liberally construe[s] his pleadings.” Roy v. Ivy, 53 F.4th 1338, 1346 (11th Cir. 2022). Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 2 of 14
3 “gas [Plaintiff] for playing games[.]” (Id.). Defendant Lawrence “agreed to spray [Plaintiff] with chemical agents without any penological justification.” (Id.). Plaintiff claims he was not “violating any prison rules” when Defendant Coffman “encouraged” Defendant Lawrence to gas Plaintiff. (Id.). Plaintiff states he was also “denied a psychological evaluation” by Defendants Coffman and Lawrence. (Id.). Defendant Lawrence then called Defendant Robson to take Plaintiff back to the confinement unit. (Id. at 7-8). Defendant Lawrence told Defendant Robson to keep Plaintiff handcuffed and place him in the confinement shower until Defendant Lawrence arrived. (Id. at 8). Defendant Lawrence allegedly said to Defendant Robson that he was going to “gas [Plaintiff] in the shower for playing games[.]” (Id.). Following Lawrence’s instructions, Defendant Robson locked Plaintiff in the confinement shower with Plaintiff’s hands cuffed behind his back. (Id.). After being locked in the shower, Plaintiff continued declaring a psychological emergency to Defendant Robson “who ignored [Plaintiff’s] calls for psychiatric treatment[.]” (Id.). “A little while later,” Defendant Lawrence came to the confinement shower with cans of chemical agents. (Id. at 8-9). Plaintiff continued “declaring a psychological emergency” to Defendants Lawrence, Robson, Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 3 of 14
4 and Coffman but they “ignored” Plaintiff’s request for treatment. (Id. at 9). Defendants Lawrence and Robson allegedly responded to Plaintiff’s request for treatment by saying “so what, motherfu**er.” (Id.). Defendant Lawrence then allegedly sprayed Plaintiff’s face, head, and neck with chemical agents while Plaintiff remained handcuffed. (Id.). Plaintiff alleges the chemical agents caused him burns and severe pain “without any penological justification.” (Id.). Plaintiff states that Defendants Lawrence, Coffman, and Robson “all agreed” to turn on the shower so hot pepper spray would run down Plaintiff’s entire body. (Id.). Plaintiff claims the pepper spray ran down his body to his genitals causing severe pain in those areas. (Id. at 9-10). At some point, medical staff examined Plaintiff while he continued declaring a psychological emergency. (Id. at 10). Plaintiff states that medical staff ignored his psychological emergency and refused to document his injuries at the direction of Defendant Lawrence. (Id.). Defendant Lawrence told Plaintiff if he continued declaring psychological emergencies then he would keep getting gassed repeatedly. (Id.). Defendant Lawrence also allegedly told Plaintiff “the best thing for you black ass to do is lay the fu** down and shut the fu** up. If you don’t you get gassed again, you better comply.” (Id.). Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 4 of 14
5 B. The October 11, 2024, incident. Three days later, on October 11, 2024, Plaintiff declared another psychological emergency in the presence of Defendant Johnson. (Doc. 16 at 10). Defendant Johnson then “questioned and threatened” Plaintiff with more gassing. (Id. at 10-11). Plaintiff states that Defendant Lawrence instructed Defendants Johnson and O’Brien to spray Plaintiff with chemical agents if Plaintiff continued declaring psychological emergencies. (Id. at 11). Plaintiff alleges Defendant Johnson “complied” by informing Defendant O’Brien of Plaintiff’s psychological emergency. (Id.). Defendant Johnson returned to Plaintiff’s cell and told Plaintiff “O’Brien doesn’t care nothing about your mental condition. He only cares about gassing your ass for declaring a psychological emergency.” (Id.). Defendant Johnson then left Plaintiff’s cell for unspecified period of time. (Id.). After returning to Plaintiff’s cell, Defendant Johnson found Plaintiff hanging from a sheet around his neck. (Id.). Defendant Johnson immediately called for assistance before spraying Plaintiff with chemical agents. (Id.). Plaintiff claims he struggled to breathe after being sprayed. (Id. at 12). Defendants Hartline, O’Brien, and Sellers arrived at Plaintiff’s cell and gave Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 5 of 14
6 Defendant Johnson their chemical agents to continue spraying Plaintiff. (Id.). After the second use of chemical agents, Defendants Johnson, O’Brien, Hartline, and Sellers entered Plaintiff’s cell and pulled Plaintiff to the floor. (Id.). Once Plaintiff was on the floor and while he was burning and struggling to breathe, the four officers “punched, kicked, and stomped” Plaintiff on his body, face, and head “without any penological justification[.]” (Id.). The four officers then took Plaintiff to the shower for decontamination “but refused” Plaintiff a post use of force examination by medical and mental health staff. (Id. at 13). After the October 11, 2024, incident, Plaintiff was transferred to a different prison and treated for head and facial burns and black spots, flakes and bumps, soreness, bruises, and headaches. (Id.). At the other prison, Plaintiff received mental health treatment and medication “for mental disorders stemming from him being attacked” by Defendants. (Id.). Against all Defendants, Plaintiff brings claims under the Eighth Amendment’s Cruel and Unusual Punishment Clause, First Amendment retaliation claims, Fourteenth Amendment due process claims, and conspiracy claims. (Doc. 16 at 15-16). Plaintiff also appears to bring an Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 6 of 14
7 Eighth Amendment failure to intervene claim against Defendants Coffman, Robson, O’Brien, Sellers, and Hartline for their alleged failure to correct Defendant Lawrence’s and Defendant Johnson’s “illegal actions.” (Id. at 16). For relief, Plaintiff seeks a declaration that his rights were violated, as well as damages. (Id. at 17). II. Statutory Screening Standard To survive dismissal at the screening phase, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks omitted). The plausibility standard is met only where the facts alleged enable “the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. Plausibility means “more than a sheer possibility that a defendant has acted unlawfully.” Id. “Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (internal quotation marks omitted). Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 7 of 14
8 III. Discussion A. Plaintiff fails to plausibly allege a violation of the Fourteenth Amendment’s Due Process Clause. Plaintiff asserts Fourteenth Amendment due process claims against all Defendants. (Doc. 16 at 15-16). Plaintiff, however, fails to plausibly state any due process claims here. The Fourteenth Amendment’s Due Process Clause encompasses two components, a substantive component and a procedural component. Maddox v. Stephens, 727 F.3d 1109, 1118 (11th Cir. 2013) The substantive component of the Due Process Clause protects only “fundamental” rights. See McKinney v. Pate, 20 F.3d 1550, 1556 (11th Cir.1994) (en banc) (citing Palko v. Connecticut, 302 U.S. 319, 325 (1937)). Fundamental rights are “protected against certain government actions regardless of the fairness of the procedures used to implement them.” McKinney, 20 F.3d at 1556 (cleaned up). Because Plaintiff asserts substantive due process claims for the alleged uses of force and indifference to his medical needs, Plaintiff’s claims must be analyzed under the Eighth Amendment’s Cruel and Unusual Punishment Clause rather than the Fourteenth Amendment’s Due Process Clause. See United States v. Lanier, 520 U.S. 259, 272 n.7 Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 8 of 14
9 (1997) (“[I]f a constitutional claim is covered by a specific constitutional provision, such as the . . . Eighth Amendment, the claim must be analyzed under the standard appropriate to that specific provision, not under the rubric of substantive due process.”). And in any event, Plaintiff is already asserting Eighth Amendment claims based on excessive force and indifference to his requests for mental health treatment—making any substantive due process claims duplicative. See Manning v. Carnival Corp., No. 12-22258-CIV, 2012 WL 3962997, at *2 (S.D. Fla. Sept. 11, 2012) (“Duplicative claims are those that stem from identical allegations, that are decided under identical legal standards, and for which identical relief is available.”). Accordingly, Plaintiff’s substantive due process claims based on the alleged uses of force and indifference to his medical needs should be dismissed.2 See Cottrell v. Caldwell, 85 F.3d 1480, 1490 (11th Cir. 1996) 2 The same is true as to Plaintiff’s failure to intervene claims and retaliation claims since they are also covered by the Eighth and First Amendments, respectively. See Sears v. Roberts, 922 F.3d 1199, 1205-06 (11th Cir. 2019) (“Additionally, an officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer’s use of excessive force can be held personally liable for his nonfeasance.”) (cleaned up); Martin v. Mitchell, No. 520CV01297RDPNAD, 2023 WL 4724704, at *8 (N.D. Ala. June 28, 2023) (“Martin’s failure to intervene claim is analyzed under the Eighth Amendment standards explained above.”), adopted, 2023 WL 4712303 (N.D. Ala. July 24, 2023); Hall v. Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 9 of 14
10 (“Claims involving he mistreatment of arrestees or pretrial detainees in custody are governed by the Fourteenth Amendment’s Due Process Clause instead of the Eighth Amendment’s Cruel and Unusual Punishment Clause, which applies to such claims by convicted prisoners.”) (emphasis added); Lanier, 520 U.S. at 272 n.7; Manning, 2012 WL 3962997, at *2 (“To promote judicial economy, a court should dismiss claims that are duplicative of other claims.”). To the extent Plaintiff asserts procedural due process claims for the alleged uses of force and indifference to his medical needs, Plaintiff has failed to plausibly allege any “constitutionally inadequate process” necessary to state a procedural due process claim for the alleged detention. See Cryder v. Oxendine, 24 F.3d 175, 177 (11th Cir. 1994) (stating that a procedural due process claim requires (1) a deprivation of a liberty or property interest; (2) state action; and (3) constitutionally inadequate process); Newman v. Garcia, No. 3:16-CV-137-J-PDB, 2016 WL 8939133, at *5 (M.D. Fla. Sept. 26, 2016) (“A procedural due process violation is not complete unless and until the State fails to provide due Merola, 67 F.4th 1282, 1294 (11th Cir. 2023) (noting a prisoner’s allegations of guards using chemical agents on him in retaliation for protected speech and stating “battery can be part of a First Amendment retaliation claim”). Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 10 of 14
11 process. Only when the state refuses to provide a process sufficient to remedy the procedural deprivation does a constitutional violation actionable under section 1983 arise.”) (cleaned up). Thus, because Plaintiff has failed to plausibly allege any constitutionally inadequate process, any procedural due process claims asserted by Plaintiff should be dismissed. B. Plaintiff’s conspiracy claims are barred by the intra- corporate conspiracy doctrine. Plaintiff also claims that Defendants conspired to use excessive force against Plaintiff for requesting medical treatment. (Doc. 16 at 16). But Plaintiff’s conspiracy claims are barred by the intracorporate conspiracy doctrine. “A plaintiff may state a § 1983 claim for conspiracy to violate constitutional rights by showing a conspiracy existed that resulted in the actual denial of some underlying constitutional right.” Grider v. City of Auburn, Ala., 618 F.3d 1240, 1260 (11th Cir. 2010). “The plaintiff attempting to prove such a conspiracy must show that the parties’ reached an understanding to deny the plaintiff his or her rights.” Id. (cleaned up). “The conspiratorial acts must impinge upon the federal Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 11 of 14
12 right; the plaintiff must prove an actionable wrong to support the conspiracy.” Id. The intracorporate conspiracy doctrine, however, “bars conspiracy claims against corporate or government actors accused of conspiring together within an organization[.]” Rehberg v. Paulk, 611 F.3d 828, 854 (11th Cir. 2010). “Under the doctrine, a corporation cannot conspire with its employees, and its employees, when acting in the scope of their employment, cannot conspire among themselves.” Grider, 618 F.3d at 1261 (cleaned up). Here, Plaintiff’s conspiracy claims are aimed at FDOC employees. (Doc. 16 at 3-5, 16). There are no allegations suggesting that anyone else from outside FDOC was involved in the alleged conspiracy. See Denney v. City of Albany, 247 F.3d 1172, 1190-91 (11th Cir. 2001) (stating “the only two conspirators identified . . . are both City employees; no outsiders are alleged to be involved” and concluding that the intracorporate conspiracy doctrine barred plaintiffs’ conspiracy claims). And it is apparent that Defendants were acting within the scope of their employment as prison officials when they allegedly used force on Plaintiff at the prison by spraying him with chemical agents. Id. at 1191 (“The alleged subject of their conspiracy—non-criminal manipulation of the Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 12 of 14
13 promotion process to deprive white employees of promotional opportunities—relates to their performance of their official, not personal, duties.”). Thus, Plaintiff’s conspiracy claims are barred by the intracorporate conspiracy doctrine and should be dismissed. See Rehberg, 611 F.3d at 855 (“The ‘conspiracy’ occurred only within a government entity, and thus the intracorporate conspiracy doctrine bars Count 10 against Paulk.”); Watson v. Edelen, 76 F. Supp. 3d 1332, 1372 n.16 (N.D. Fla. 2015) (discussing FDOC inmate’s conspiracy claims against FDOC officials; stating “there is no disute that [the FDOC defendants] were acting within the scope of their employment during their encounters with [the prisoner-plaintiff]”; and stating that the complaint did not state a plausible claim against the FDOC defendants for their “allegedly planning the use of chemical agents” due to the intracorporate conspiracy doctrine). IV. Conclusion Accordingly, it is respectfully RECOMMENDED that: 1. Plaintiff’s Fourteenth Amendment due process claims be DISMISSED under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim on which relief may be granted. Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 13 of 14
14 2. Plaintiff’s § 1983 conspiracy claims be DISMISSED under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim on which relief may be granted. 3. This matter be recommitted to the undersigned for further proceedings on the First Amendment and Eighth Amendment claims asserted in Plaintiff’s third amended complaint (Doc. 16). At Pensacola, Florida, this 18th day of November 2025. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Notice To The Parties Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-00567-TKW-ZCB Document 17 Filed 11/18/25 Page 14 of 14
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