Williams v. Daniels et al

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOHNNIE L. WILLIAMS,
Plaintiff,
v. 	Case No: 	2:25-cv-00874-JES-NPM
STEPHANIE 	V. 	DANIELS,
DIRECTOR, 	MIAMI 	DADE 	POLICE
DEPARTMENT, 	in 	her 	Official
Capacity; 	DEPARTMENT 	OF
FINANCIAL 	SERVICES;
FRANCIANNE 	DORVILUS, 	in 	her
Official 	Capacity; 	and
OFFICER 	D. 	FORBES, 	BADGE 	#
0055, 	in 	his 	Individual
Capacity,
Defendant.
OPINION AND ORDER
This matter comes before the Court on review of three motions
to dismiss and response:
• 	Defendant Department of Financial Services (“DFS”) filed
a 	Motion 	to 	Dismiss 	Plaintiff’s 	Complaint 	and
Incorporated Memorandum of Law (Doc. #8).
• 	Defendant 	Francianne 	Dorvilus 	(“Dorvilus”) 	filed 	a
Motion to Dismiss Complaint (Doc. #9).
• 	Defendant 	Donald 	Forbes 	(“Forbes”) 	filed 	a 	Motion 	to
Dismiss Complaint (Doc. #10).
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• 	Pro Se Plaintiff Johnnie L. Williams (“Williams”) filed
a Response in Opposition (Doc. #12) to all three motions.
For 	the 	reasons 	set 	forth 	below, 	all 	motions 	are 	granted 	in 	part
and otherwise deferred.
The 	Eleventh 	Amendment 	of 	the 	United 	States 	Constitution
protects 	states 	from 	being 	sued 	in 	federal 	court 	without 	the
state’s 	consent. 	Manders 	v. 	Lee, 	338 	F.3d 	1304, 	1308 	(11th 	Cir.
2003). 	Absent 	a 	state’s 	consent, 	it 	may 	only 	be 	sued 	where
Congress 	has 	clearly 	and 	unequivocally 	abrogated 	the 	state’s
Eleventh 	Amendment 	immunity. 	See 	DeKalb 	Cnty. 	Sch. 	Dist. 	V.
Schrenko, 109 F.3d 680, 688 (11th Cir. 1997)(citing Pennhurst State
Sch. & Hosp. v. Halderman, 465 U.S. 89, 99 (1984)). 	In this case,
Plaintiff 	is 	only 	seeking 	monetary 	damages 	where 	the 	State 	of
Florida 	has 	not 	waived 	its 	immunity 	from 	suit, 	nor 	has 	Congress
waived 	such 	immunity. 	(Doc. 	#1.) 	As 	such, 	Williams’s 	Complaint
must be dismissed as to DFS pursuant to the Eleventh Amendment.
A 	plaintiff 	may 	bring 	a 	civil 	action 	in 	(1) 	a 	judicial
district 	in 	which 	any 	defendant 	resides, 	if 	all 	defendants 	are
residents 	of 	the 	State 	in 	which 	the 	district 	is 	located; 	(2) 	a
judicial 	district 	in 	which 	a 	substantial 	part 	of 	the 	events 	or
omissions giving rise to the claim occurred; or (3) if there is no
district in which an action may otherwise be brought, any judicial
district in which any defendant is subject to the court’s personal
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jurisdiction with respect to such action. 	See 28 U.S.C. § 1391(b).
Given 	that 	DFS 	has 	been 	dismissed 	from 	the 	instant 	case 	pursuant
to Eleventh Amendment immunity, this Court is not the proper venue.
The remaining three defendants all reside in Miami-Dade County and
the 	events 	identified 	in 	Plaintiff’s 	Complaint 	all 	occurred 	in
Miami-Dade 	County. 	Further, 	while 	Stephanie 	V. 	Daniels
(“Daniels”) 	has 	not 	yet 	appeared 	before 	this 	Court, 	Daniels 	will
not be prejudiced by the transfer since Daniels is also located in
the Southern District of Florida. 	As such, venue is proper in the
Southern 	District 	of 	Florida 	and 	the 	case 	should 	be 	transferred
pursuant to 28 U.S.C. § 1404(a).1
For 	the 	reasons 	set 	forth 	in 	this 	order, 	all 	three 	motions
will be granted in part and otherwise deferred.
Accordingly, it is now
ORDERED:
(1) 	Department 	of 	Financial 	Service’s 	Motion 	to 	Dismiss
Plaintiff’s 	Complaint, 	as 	to 	its 	Eleventh 	Amendment 	immunity, 	is
GRANTED and it is dismissed without prejudice.
1 	Given 	that 	this 	Court 	has 	transferred 	the 	case, 	it 	will 	not
analyze Dorvilus’s or Forbes’s argument that Plaintiff’s Complaint
fails to state a claim. 	Further, the Court notes that upon reading
William’s 	Response 	he 	only 	opposes 	having 	his 	case 	dismissed 	and
not transferring venue. 	(Doc. #12.)
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(2) 	Francianne 	Dorvilus’s 	Motion 	to 	Dismiss 	Complaint 	as 	to
venue is GRANTED to the extent the Complaint is transferred to the
Southern 	District 	of 	Florida. 	The 	motion 	to 	dismiss 	for 	failure
to 	state 	a 	claim 	is 	deferred 	for 	consideration 	by 	the 	transferee
court.
(3) 	Donald 	Forbes’s 	Motion 	to 	Dismiss 	Complaint 	as 	to 	venue
is 	GRANTED 	to 	the 	extent 	the 	Complaint 	is 	transferred 	to 	the
Southern District of Florida. The motion to dismiss for failure to
state 	a 	claim 	is 	deferred 	for 	consideration 	by 	the 	transferee
court.
(4) The Clerk is directed to transfer this case to the Miami
Division 	of 	the 	Southern 	District 	of 	Florida 	for 	all 	further
proceedings. 	The 	Clerk 	shall 	terminate 	all 	deadlines 	and 	close
the Fort Myers files.
DONE AND ORDERED at Fort Myers, Florida, this 	15th 	day of
January 2026.
Copies:
Parties of record
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