1:25-cv-00228•RUTLEDGE v. DIXON et al
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION TROY D. RUTLEDGE, Plaintiff, v. Case No.: 1:25cv228/MCR/ZCB WILLIAM E. FLETCHER, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff is proceeding pro se and in forma pauperis in this prisoner civil rights action. After screening Plaintiff’s complaint (Doc. 1) under 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a)-(b), the Court identified several deficiencies and ordered Plaintiff to correct those deficiencies by filing an amended complaint. (Doc. 14). Plaintiff has now filed an amended complaint. (Doc. 17). The Court must screen the amended complaint under 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a)-(b) to determine if it is frivolous or malicious, fails to state a plausible claim for relief, or seeks monetary relief from immune defendants. Upon review, several of Plaintiff’s claims fail to state a plausible claim for relief or seek monetary relief from an immune Defendant. Accordingly, those claims should be dismissed and the case Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 1 of 22
2 recommitted to the undersigned for further proceedings on the remaining claims. I. Plaintiff’s Allegations1 The amended complaint lists nine Defendants from the Florida Department of Corrections (FDOC): (1) William Fletcher; (2) Lieutenant Tanner; (3) Sergeant C.M. Collins; (4) Officer B. Jones; (5) Sergeant Singh; (6) Sergeant Keaton; (7) Captain Bond; (8) Cross City C.I. Medical Department; and (9) Warden J. Kennedy. Plaintiff sues the employees in their individual capacities and the Medical Department in its official capacity. (Doc. 17 at 2-7). On December 3, 2024, Cross City Correctional Institution was locked down and searched after an officer was stabbed. While searching Plaintiff’s cell, Defendant Fletcher found Plaintiff’s civil complaint and allegedly said, “we got one that likes to write our ass up. He’s got some shit ready for our ass right now.” Defendant Fletcher asked about knives found in the cell, but neither Plaintiff nor his cellmate responded. Defendant Fletcher wrote disciplinary reports about the knives and sent Plaintiff and his cellmate to confinement. (Id. at 9). 1 Plaintiff’s allegations are assumed true at this stage. DeVillier v. Texas, 601 U.S. 285, 288 n.1 (2024). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 2 of 22
3 On the way to confinement, an officer told other officers—including Defendant Keaton—that Plaintiff was a writ writer and snitch. Plaintiff and his cellmate were put in a shower cell for six hours before Plaintiff was taken to a different shower cell for another six hours. Plaintiff was put in a confinement cell between 1:00 a.m. and 2:00 a.m. on December 4, 2024, and did not receive toiletries or a bed roll until 4:00 p.m. (Id. at 9-10). For forty-three days, Plaintiff allegedly stayed in confinement without proper clothing or bedding for cold weather. Plaintiff raised these issues with Defendant Tanner, but Plaintiff’s concerns were “denied or ignored.” Plaintiff sent grievances to Defendant Kennedy “concerning these acts of retaliation but none of them were returned.” Plaintiff claims Defendant Keaton stamped grievances Plaintiff filed against Defendants Fletcher and Tanner. On January 2, 2025, Plaintiff wrote grievances because it took Defendant Tanner three weeks to give Plaintiff a security pen. Defendants Collins, Jones, and Singh had previously denied Plaintiff a pen. The woman responsible for picking up the grievances allegedly “refused” to take Plaintiff’s grievances against Defendants Fletcher and Tanner. (Id. at 10-12). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 3 of 22
4 On January 15, 2025, Defendant Keaton processed a letter Plaintiff wrote to a state clerk of court about his treatment at the prison. On January 16, 2025, Plaintiff intended to mail his re-drafted civil complaint that had been destroyed by Defendant Fletcher. Plaintiff addressed copies of the complaint to the clerk of court and State Attorney’s Office. But Plaintiff claims Defendant Keaton never mailed his letters or civil complaint. Defendant Keaton also allegedly destroyed Plaintiff’s legal mail in retaliation and told other officers about Plaintiff’s grievances against them after seeing the grievances. (Id. at 12-13). Plaintiff alleges that violence was rampant at the prison from December 1, 2023, to February 2, 2025, when at least twelve inmates were stabbed. Prison officials allegedly used “gang members as hitmen” against inmates who wrote grievances against them. On January 17, 2025, Plaintiff’s cellmate—a gang member—allegedly carried out an unprovoked attack on Plaintiff with a shank. Plaintiff alleges the shank had to pass by Defendants Collins, Jones, Singh, and Bond to get to the cellmate. Defendants Collins, Jones, and Singh watched the altercation between Plaintiff and his cellmate at the cell window before spraying Plaintiff with chemicals. The cellmate flushed the shank down the toilet after the altercation ended. (Id. at 13-14). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 4 of 22
5 Plaintiff suffered stab wounds and other injuries from the altercation. After cuffing up, Plaintiff waited fifteen minutes for the cell door to open when Defendant Bond arrived. Plaintiff’s cellmate was taken to the medical unit first despite Plaintiff allegedly having more serious injuries. Plaintiff waited ten more minutes before being taken to medical. Defendant Bond could see Plaintiff’s wounds but made Plaintiff wait for the cellmate to see medical first. Plaintiff states Defendant Bond was told about the attack and should have ordered the cell door to be opened sooner. On January 23, 2025, Plaintiff wrote a witness statement about the altercation and gave it to Defendant Singh. Defendant Bond allegedly tore up the witness statement saying Plaintiff was mad about getting beat up. Plaintiff received disciplinary reports for the altercation, while the cellmate got a disciplinary report and a recommendation for the administrative management unit (AMU). (Id. at 14-15). Plaintiff alleges his cellmate was already approved for AMU status and should not have been in the same cell as Plaintiff. Plaintiff filed grievances on this issue with Defendant Kennedy who did not respond. Plaintiff claims the lack of response led to “the other defendants becoming bolder in their acts of retaliation and deliberate indifference to Plaintiff’s safety, protection and medical care.” (Id. at 16). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 5 of 22
6 After the altercation on January 17, 2025, Plaintiff “was treated for his injuries but all of the wounds were left open.” Plaintiff alleges the Medical Department never re-examined Plaintiff’s injuries. Plaintiff filed medical grievances, but they were rejected by the Medical Department. Defendants Collins and Singh also refused care for Plaintiff, telling Plaintiff that the Medical Department said it was not coming. After a week, Plaintiff submitted a sick call due to his injuries becoming infected. A nurse determined Plaintiff’s wounds were infected and gave Plaintiff antibiotics. Plaintiff claims he endured pain and suffering due to the Medical Department’s lack of treatment. (Id. at 17- 18). Plaintiff asserts First Amendment retaliation, Eighth Amendment failure to protect, and Eighth Amendment deliberate indifference to medical needs claims. (Doc. 17 at 11-18). For relief, Plaintiff seeks compensatory and punitive damages. (Id. at 18). II. Statutory Screening Standard To survive dismissal at screening, “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) (cleaned up). The plausibility standard is met only where the facts Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 6 of 22
7 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. (cleaned up). III. Discussion A. Plaintiff’s official capacity claims against the Medical Department are barred by sovereign immunity. Absent waiver or express congressional abrogation (neither of which is present here), the doctrine of sovereign immunity bars a § 1983 plaintiff’s claims for monetary damages against employees of a State sued in their official capacities. Will v. Michigan Dep’t of State Police, 491 U.S. 58, 65, 71 (1989). By suing the Medical Department in its official capacity, Plaintiff has effectively sued the State of Florida. Therefore, the official capacity damages claims brought by Plaintiff against the Medical Department are barred by sovereign immunity. See Leonard v. Dep’t of Corr. Fla., 232 F. App’x 892, 894 (11th Cir. 2007) (“The Department of Corrections is not amenable to suit because it has immunity under the Eleventh Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 7 of 22
8 Amendment.”); see also Taylor v. Fla. Dep’t of Correction Med. Departments, No. 5:12cv110, 2012 WL 2155277, at *1 (N.D. Fla. May 9, 2012) (discussing that medical departments of Florida prisons “are not ‘persons’ for the purposes of § 1983” and even if the FDOC was a “person” under § 1983, a damages suit “was barred by the State’s Eleventh Amendment immunity”), adopted, 2012 WL 2160231 (N.D. Fla. June 13, 2012). B. Plaintiff fails to plausibly allege Eighth Amendment deliberate indifference claims. In Count 3, Plaintiff alleges Defendants Collins, Singh, Bond, and the Medical Department failed to provide adequate medical care after the altercation with his cellmate. (Doc. 17 at 17-18). The Court construes these claims as Eighth Amendment deliberate indifference claims. The Eighth Amendment forbids the infliction of “cruel and unusual punishments.” U.S. Const. amend. VIII. The Supreme Court has held that it is “cruel and unusual punishment” for prison officials to act with “deliberate indifference to serious medical needs of prisoners.” Estelle v. Gamble, 429 U.S. 97, 104 (1976). That means prison officials must provide prisoners with “minimally adequate medical care[.]” Bayse v. Ward, 147 F.4th 1304, 1311 (11th Cir. 2025). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 8 of 22
9 The Eighth Amendment does not require a prisoner’s medical care to be “perfect, the best obtainable, or even very good.” Id. Deliberate indifference is a high standard, and prisoners are not “constitutionally entitled to their preferred treatment plan[.]” Id. at 1311-12. Indeed, a “denial of medical care constitutes deliberate indifference only when it is so grossly incompetent, inadequate, or excessive as to shock the conscience or to be intolerable to fundamental fairness.” Id. at 1312 (cleaned up). “To prevail on a claim of deliberate indifference, plaintiffs must satisfy both an objective and a subjective inquiry, and must establish a necessary causal link between the challenged conduct and their injuries.” Stalley v. Cumbie, 124 F.4th 1273, 1283 (11th Cir. 2024) (cleaned up). The objective inquiry requires plaintiffs to show an “objectively serious medical need.” Keohane v. Fla. Dep’t of Corr. Sec’y, 952 F.3d 1257, 1266 (11th Cir. 2020) (cleaned up). The subjective inquiry “turns on whether the prison official acted with an attitude of deliberate indifference to the serious medical need.” Stalley, 124 F.4th at 1283 (cleaned up). Prison officials are deliberately indifferent if they “(1) had subjective knowledge of a risk of serious harm, (2) disregarded that risk, and (3) engaged in conduct that amounts to Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 9 of 22
10 subjective recklessness.” Id. The “third prong will be satisfied only if the plaintiff shows that the defendant actually knew that his conduct—his own acts or omissions—put the plaintiff at substantial risk of serious harm.” Id. (cleaned up). But “[e]ven when a defendant has subjective knowledge of a serious risk, a defendant who responds reasonably to such a risk cannot be found liable . . . .” Id. at 1284 (cleaned up). Plaintiff alleges that after his wounds were initially treated, the Medical Department left the wounds open and refused to re-examine them. Plaintiff alleges Defendants Collins and Singh refused to act on Plaintiff’s medical grievances and that his wounds became infected after not receiving treatment for a week. Plaintiff states he should have been put on wound care and his wounds re-examined. Plaintiff alleges Defendants Bond, Collins and Singh were deliberately indifferent by not putting Plaintiff on wound care. (Doc. 17 at 17-18). The Court assumes arguendo that Plaintiff has plausibly alleged an objectively serious medical need—the “stab wounds, cuts, bites, and swelling to his face, head, back, and shoulders.” (Doc. 17 at 17). See Burgess v. Palm Beach Cnty., 2023 WL 7410056, at *6 (S.D. Fla. Nov. 9, 2023). As to the subjective element of deliberate indifference, Plaintiff first claims Defendants Collins, Jones, Singh, and Bond were deliberately Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 10 of 22
11 indifferent when they took his cellmate to the medical unit first instead of Plaintiff (who had to wait an additional ten minutes). (Doc. 17 at 14).2 The Court disagrees. Plaintiff’s cellmate being taken to the medical unit first while Plaintiff had to wait ten minutes does not show subjective recklessness because choosing to separate the two inmates—who were fighting moments before—was a reasonable course of action.3 “Defendants did not ignore [Plaintiff’s] need for medical attention but selected a course of treatment”—separating the fighting inmates before taking Plaintiff to the medical unit. Stalley v. Cumbie, 586 F. Supp. 3d 1211, 1239 (M.D. Fla. 2022), aff’d, 124 F.4th 1273 (11th Cir. 2024). Plaintiff’s treatment being briefly delayed for the two inmates to be separated does not amount to criminal recklessness because it was a “classic example of a matter for medical judgment[.]” Id. at 1240 (noting that “erratic behavior of inmates” made it “safer to assess [the prisoner-plaintiff] in the treatment 2 Given they concern events before and during the altercation, the Court considers Defendants’ alleged delay in stopping the altercation as part of Plaintiff’s failure to protect claims. (Doc. 17 at 14). 3 See Am. Dental Ass’n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. 2010) (“[C]ourts may infer from the factual allegations in the complaint ‘obvious alternative explanations,’ which suggest lawful conduct rather than the unlawful conduct the plaintiff would ask the court to infer.”). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 11 of 22
12 room” and while that decision might have been “wrong or even negligent[,]” it “was not so inadequate as to constitute an unnecessary and wanton infliction of pain” (cleaned up)). The ten-minute delay is not so unreasonable that it amounts to subjective recklessness.4 Ultimately, the decision to take Plaintiff’s cellmate to the medical unit first (while making Plaintiff wait ten minutes) was not reckless. Plaintiff does not allege his injuries were life-threatening. The delay was relatively brief. And no allegations suggest the delay was for improper reasons. See Irizarry v. Sec’y, Fla. Dep’t of Corr., No. 21-10591-A, 2021 WL 3231163, at *2 (11th Cir. July 22, 2021) (affirming dismissal of deliberate indifference claim based on delay in treating a broken bone because the “district court correctly concluded that the 20-to-30-minute delay in calling emergency medical services does not rise to the level of deliberate indifference”).5 4 Although Plaintiff describes his injuries as “serious[,]” Plaintiff does not allege that his injuries were life-threatening, nor does he allege that his treatment was delayed for hours. (Doc. 17 at 15). See, e.g., Gartman v. Cheatham, No. 2:18cv534, 2021 WL 96467, at *7 (M.D. Ala. Jan. 11, 2021) (noting that “an unexplained delay of hours in treating a serious injury states a prima facie case of deliberate indifference” and is “particularly true in the context of emergency needs” like “broken bones, bleeding cuts, and . . . heart attacks” (cleaned up)). 5 Plaintiff alleges Defendant Bond “showed deliberate indifference” by not recovering the cellmate’s shank. (Doc. 17 at 15). But Plaintiff’s Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 12 of 22
13 The Court next addresses Plaintiff’s claim that the Medical Department and Defendants Bond, Collins, and Singh were deliberately indifferent for leaving his wounds open, denying additional treatment, and not putting him on wound care. (Doc. 17 at 17-18). Plaintiff’s claims against the Medical Department are subject to dismissal on immunity grounds as already discussed above. But even if Plaintiff had individually sued the employees of the Medical Department, his deliberate indifference claim appears insufficient. Plaintiff admits his wounds were initially treated after the altercation with his cellmate. (Doc. 17 at 17). This is not a case where Plaintiff received no treatment at all. Rather, Plaintiff takes issue with the treatment decision that was made—leaving his wounds open. Because “Defendants did not ignore [Plaintiff’s] need for medical attention but selected a different course of treatment, the proper inquiry injuries were already complete at that point and not recovering the shank did not exacerbate or affect Plaintiff’s injuries. Thus, there is no “causal link” between not recovering the shank and Plaintiff’s injuries. Stalley, 124 F.4th at 1283. And to the extent Plaintiff asserts the shank was needed for the cellmate to be punished, Plaintiff has no cognizable interest in such punishment. See Williams v. Wetzel, 827 F. App’x 158, 160, 161-62 (3d Cir. 2020) (finding no constitutional claim based on prison officials failing “to charge Bader with more serious offenses, because Williams lacked a cognizable interest in Bader’s punishment”). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 13 of 22
14 is whether their response was so inadequate that it nevertheless constituted deliberate indifference.” Stalley, 586 F. Supp. 3d at 1239. The Court does not believe Plaintiff’s treatment was “so inadequate.” Id. Deciding to leave Plaintiff’s wounds open is essentially a question of whether Defendants “should have employed additional diagnostic techniques or forms of treatment[.]” Adams v. Poag, 61 F.3d 1537, 1545 (11th Cir. 1995). But this question “is a classic example of a matter for medical judgment and therefore [is] not an appropriate basis for grounding liability under the Eighth Amendment.” Id. (cleaned up). This is true even if the decision to leave the wounds open “was wrong” or “negligent.” Stalley, 586 F. Supp. 3d at 1240. “At most, Plaintiff has plausibly alleged that [medical employees] acted negligently” which is insufficient to show that the care Plaintiff received was “so grossly incompetent, inadequate, or excessive as to shock the conscious or to be intolerable to fundamental fairness.”6 6 See also Leonard v. Dep’t of Corr. Fla., 232 F. App’x 892, 895 (11th Cir. 2007) (“Plaintiff merely alleges that he was denied the Brogan boots, which he asserts are necessary to treat his arthritis, and that the denial of this medical treatment caused him further injury. But a difference of opinion between an inmate and prison medical staff does not—by itself— give rise to a claim under the Eighth Amendment. And negligence in medical judgment is similarly insufficient to state a claim.”). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 14 of 22
15 Washington v. Shell, No. 3:22cv3800, 2023 WL 5939400, at *5 (N.D. Fla. Aug. 9, 2023) (dismissing deliberate indifference claim where prisoner alleged a nurse cleaned his stab wounds but “should have done more to stunt the chance for further infection” (cleaned up)), adopted, 2023 WL 5942275 (N.D. Fla. Sept. 12, 2023); see also Harris v. Prison Health Servs., 706 F. App’x 945, 952 (11th Cir. 2017) (“Dr. Nields provided Harris with some treatment—an examination in the emergency room and giving him Tylenol—while Harris wanted other treatment, such as x-rays, immediately. This alone does not establish deliberate indifference.”). Lastly, the Court disagrees that Defendants Bond, Collins, and Singh were deliberately indifferent by not putting Plaintiff on wound care after he filed medical grievances. (Doc. 17 at 17-18). Generally, “a lay correctional officer cannot be liable for medical staff’s diagnostic decisions or be expected to second guess those decisions in most circumstances.” Foster v. Maloney, 785 F. App’x 810, 816 (11th Cir. 2019). Plaintiff alleges Defendants Bond, Collins, and Singh were deliberately indifferent by not putting Plaintiff on wound care after the altercation or the medical grievances. But Plaintiff’s allegations imply that these Defendants were told by medical personnel that Plaintiff did Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 15 of 22
16 not need additional treatment. (Doc. 17 at 17) (“Plaintiff was also refused by Defendants . . . Collins and . . . Singh[.] Telling Plaintiff that Defendant Medical Department said they are not coming.”). It appears from Plaintiff’s allegations that Defendants Bond, Collins, and Singh were relying on the medical staff’s judgment that Plaintiff required no further treatment of his wounds at the relevant time. Accordingly, Plaintiff fails to plausibly allege deliberate indifference claims against Defendants Bond, Collins, and Singh. See Williams v. Gams, 2018 WL 4189666, at *6 (M.D. Ala. July 24, 2018) (“The law does not impose upon correctional officials a duty to directly supervise health care personnel, to set treatment policy for the medical staff, or to intervene in treatment decisions where they have no actual knowledge that intervention is necessary to prevent a constitutional wrong.”), adopted, 2018 WL 4186400 (M.D. Ala. Aug. 31, 2018).7 Because there is no underlying constitutional violation, any related supervisory liability claims necessarily fail as well. See Stalley, 124 F.4th at 1288. 7 Plaintiff also has no plausible claims for his sick calls or grievances being denied or ignored. See Aiken v. Perry, No. 5:14cv97, 2016 WL 3676629, at *4 n.5 (S.D. Ga. July 6, 2016) (“To the extent Plaintiff contends Defendant delayed in responding to his grievances pertaining to medical treatment, that contention does not set forth a constitutional violation.”). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 16 of 22
17 C. Plaintiff fails to plausibly allege First Amendment retaliation claims against Defendants Collins, Jones, Singh, and Tanner. In Count 1, Plaintiff asserts First Amendment retaliation claims against Defendants Keaton, Fletcher, Tanner, Collins, Jones, and Singh. Plaintiff alleges these Defendants retaliated against him for filing grievances and drafting civil complaints. (Doc. 17 at 11-13). But Plaintiff fails to plausibly allege these claims against several Defendants. “The First Amendment forbids prison officials from retaliating against prisoners for exercising the right of free speech.” O’Bryant v. Finch, 637 F.3d 1207, 1212 (11th Cir. 2011). To prevail, “a plaintiff must satisfy three elements: first, that his speech or act was constitutionally protected; second, that the defendant’s retaliatory conduct adversely affected the protected speech; and third, that there is a causal connection between the retaliatory actions and the adverse effect on speech.” Christmas v. Nabors, 76 F.4th 1320, 1333 (11th Cir. 2023) (cleaned up). The Court assumes that Plaintiff’s grievances, letters, and civil complaint were protected speech. See Hollins v. Keller, 2013 WL 12132072, at *2 (N.D. Ga. Feb. 25, 2013), adopted, 2013 WL 12155733 (N.D. Ga. Mar. 20, 2013). The Court also assumes that destroying these materials or putting Plaintiff in confinement can constitute adverse Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 17 of 22
18 actions. See Williams v. Radford, 64 F.4th 1185, 1192-93 (11th Cir. 2023). But Plaintiff fails to plausibly allege the required causal connection as to Defendants Collins, Jones, Singh, and Tanner. “To establish a causal connection between the retaliatory actions and the adverse effect on speech, [Plaintiff] must show that [Defendants] were subjectively motivated to discipline [him] because he complained of some of the conditions of his confinement.” Nabors, 76 F.4th at 1334. (cleaned up). To do so, Plaintiff “must show that his constitutionally- protected speech was a motivating factor” in Defendants’ “decisions to carry out the adverse actions.” Radford, 64 F.4th at 1193 (cleaned up). Plaintiff alleges Defendants Collins, Jones, Singh, and Tanner “participated in retaliation acts that brought Plaintiff to confinement.” (Doc. 17 at 11). Plaintiff also claims Defendants Collins, Jones, and Singh did not provide him with a security pen in confinement. (Id.). Plaintiff alleges he was “labeled a snitch and writ writer” and denied proper clothes, bedding, and security pens. (Id.). Plaintiff wrote grievances against Defendant Tanner on January 2, 2025. (Id. at 12). And Defendants Tanner, Collins, Jones, and Singh allegedly “violat[ed] Plaintiff’s First Amendment rights by committing retaliation against him.” (Id. at 13). These allegations, however, are insufficient. Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 18 of 22
19 Plaintiff cannot rely on conclusory assertions that Defendants Collins, Jones, Singh, and Tanner “participated in retaliation” or “committ[ed] retaliation” without providing specific factual allegations plausibly alleging such retaliation. See Smith v. Fla. Dep’t of Corr., 375 F. App’x 905, 911 (11th Cir. 2010) (“Smith’s complaint makes only conclusory allegations of a retaliatory motive; it does not allege facts sufficient to raise that conclusion above a speculative level.”). The only specific allegations in the amended complaint are: (1) Plaintiff wrote grievances on January 2, 2025, complaining about the four Defendants not providing a security pen; and (2) Plaintiff wrote a grievance about Defendant Tanner “and the length of time he dealt with retaliation.” (Doc. 17 at 11). Plaintiff, however, fails to plausibly allege that Defendants Collins, Jones, Singh, or Tanner had any knowledge of these grievances, much less that they retaliated against Plaintiff because of them. Without such subjective knowledge or motivation, Plaintiff has not plausibly alleged causation.8 See Perry v. Ahbol, No. 5:25cv13, 2025 8 Plaintiff alleges that “one of the officers” escorting him to confinement told “another group of officers that Plaintiff is a writ writer and . . . snitches on officers . . . .” (Doc. 17 at 9-10). Plaintiff also describes “other officers” including Defendant Keaton pointing out Plaintiff as a grievance writer. (Id. at 10). And Plaintiff claims Defendant Keaton “notified officers that Plaintiff wrote grievances against them . . . .” (Id. at 13). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 19 of 22
20 WL 2214556, at *3 (N.D. Fla. June 27, 2025) (“The mere fact that Defendants’ AMU recommendation was made four days after Perry filed the grievance to Lykins and Schuler does not, by itself, support a reasonable inference of causation. Perry does not allege that the AMU- Defendants subjectively knew of Perry’s protected activity or how they knew.”), adopted, 2025 WL 2210757 (N.D. Fla. Aug. 4, 2025). Accordingly, Plaintiff’s First Amendment retaliation claims against Defendants Collins, Jones, Singh, and Tanner should be dismissed.9 But Plaintiff does not allege Defendants Collins, Jones, Singh, or Tanner were among these groups of officers. 9 Plaintiff complained to Defendant Tanner while in confinement and filed a grievance against him. (Doc. 17 at 10, 12). But Plaintiff pleads no facts suggesting Defendant Tanner was aware of this grievance. And the Court is unconvinced that the verbal complaints to Defendant Tanner— made after Plaintiff was already in confinement—plausibly show a causal connection. See Lopez v. United States, 656 F. App’x 957, 965 (11th Cir. 2016) (“[W]e can find no plausible causal relationship between the excessive delays in processing his withdrawal requests and the protected speech. The processing problems began in January 2009, when prison officials began investigating inmate funds for illicit sources. Lopez complained, and the processing delays continued, but Lopez did not allege that the processing problems got any worse as a result of his complaints. In fact, he alleged that some of his withdrawal requests were processed after he complained. Under the circumstances, the fact that Lopez’s September 2009 withdrawal requests were delayed after he engaged in protected speech, just as his earlier requests had been delayed before he engaged in protected speech, does not show a plausible causal connection between the alleged retaliation and the protected speech.”). Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 20 of 22
21 IV. Conclusion For the reasons above, it is respectfully RECOMMENDED that: 1. The Eighth Amendment deliberate indifference claims in Count 3 of the amended complaint (Doc. 17) be DISMISSED under 28 U.S.C. §§ 1915(e)(2)(B)(ii)-(iii), 1915A(b)(1)-(2) for failure to state a plausible claim for relief and for seeking monetary relief against an immune Defendant. 2. As to Defendants Collins, Jones, Singh, and Tanner, the First Amendment retaliation claims in Count 1 of the amended complaint (Doc. 17) be DISMISSED under 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1) for failure to state a plausible claim for relief. 3. This matter be recommitted to the undersigned for further proceedings on the claims against Defendants Fletcher and Keaton in Count I (retaliation), and the claims against Defendants Collins, Jones, Singh, Bond, and Kennedy in Count II (failure to protect) of the amended complaint (Doc. 17). At Pensacola, Florida, this 1st day of June 2026. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Case 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 21 of 22
22 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 1:25-cv-00228-MCR-ZCB Document 20 Filed 06/01/26 Page 22 of 22
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