4:26-cv-00072•ENDRESS v. DIXON
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Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES ENDRESS, Inmate # 091685 Plaintiff, vs. Case No. 4:26cv72-MW-MAF RICKY DIXON, Defendant. _______________________/ REPORT AND RECOMMENDATION Plaintiff, proceeding pro se, has filed a third amended civil rights complaint. ECF No. 10. Plaintiff previously paid the filing fee for this case, ECF No. 4, but the complaint must still be reviewed as required by 28 U.S.C. § 1915A. That statute directs the Court to review “a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). “On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 1 of 10
Page 2 of 10 monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). Therefore, regardless of the fact that Plaintiff paid the filing fee, this Court is still required to review a civil complaint filed by a prisoner, and dismiss the case for the reasons listed under § 1915A(b). 1 Plaintiff’s third amended complaint [hereinafter “complaint”] explains that in May of 2023, he received a disciplinary report for possessing contraband. ECF No. 12 at 5. He alleges that staff - Officer Suttle and Captain Cherry - incorrectly believed that his earbuds contained “a microphone - a prohibited property.” Id. Despite his efforts to show that the device only included “an in-line volume control” and the manufacturer’s invoice said “no microphone,” Plaintiff was placed in confinement pending a disciplinary hearing. Id. at 6. He alleges he was denied his right to produce evidence during the hearing and, as a result, he was found guilty of the disciplinary report. Id. at 7. Plaintiff contends that his appeal was rejected and he received “boilerplate” responses; he claims the reviewing 1 In addition, 28 U.S.C. § 1915 states: “Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that— . . . the action . . . fails to state a claim on which relief may be granted . . . .” 28 U.S.C. § 1915(e)(2)(B)(ii). See Greene v. Sec'y, Fla. Dep't of Corr., No. 25-10537, 2025 WL 2732607, at *4 (11th Cir. Sept. 25, 2025) (affirming dismissal of prisoner’s complaint for failure to state a claim under § 1915(e)(2) in case in which prisoner had paid the filing fee). Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 2 of 10
Page 3 of 10 prison officials failed to evaluate the evidence as required by Rule 33- 103.007(e). Id. at 8-9. He also asserts that the boilerplate denial “establishes and demonstrates a custom and policy of the FDC.” Id. at 9. Subsequently, the disciplinary report was deemed by the parole commission to demonstrate “unsatisfactory institutional conduct” and Plaintiff’s presumptive parole release date of 4-28-2024 was extended for 60 months. Id. Plaintiff claims his due process rights were violated. Id. He alleged: “If not for the failure of the FDC to follow the rules of the Florida Administrative Code, the Defendant (Ricky Dixon) is responsible for, Plaintiff would have been paroled out on 4-28-2024.” Id. “Instead, due to the malicious acts of the Defendant, Plaintiff is still incarcerated for more than two (2) years following his effective release date.” Id. As relief, Plaintiff seeks compensatory damages “for obvious malfeasance.” Id. at 11. Plaintiff sues Defendant Dixon in his official capacity only. ECF No. 12 at 2. As Plaintiff was informed previously, see ECF Nos. 9 and 11, a complaint brought against a state official in his official capacity generally represents “only another way of pleading an action against an entity of Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 3 of 10
Page 4 of 10 which an officer is an agent.’” Kentucky v. Graham, 473 U.S. 159, 165- 166, 105 S. Ct. 3099, 3105, 87 L. Ed. 2d 114 (1985) (quoting Monell v. New York City Dept. of Soc. Services, 436 U.S. 658, 690, n.55, 98 S. Ct. 2018, 2035, n.55, 56 L. Ed. 2d 611 1978)). An official-capacity action is appropriate “when the entity itself is a ‘moving force’ behind the deprivation.” Kentucky, 473 U.S. at 166, 105 S. Ct. at 3105 (quoting Polk Cnty. v. Dodson, 454 U.S. 312, 326, 102 S.Ct. 445, 454, 70 L.Ed.2d 509 (1981)). Here, Plaintiff has not alleged facts to support the official capacity claim against Defendant Dixon because he has not alleged that a policy or custom of the Department of Corrections played a part in the alleged violation of his right to due process. Although he did allege that the “boilerplate denial” of his grievance showed a “custom and policy,” ECF No. 12 at 9, that conclusory assertion is insufficient. Instead, “to demonstrate a custom or policy, it is generally necessary that a plaintiff ‘show a persistent and wide-spread practice[;] ... [n]ormally random acts or isolated incidents are insufficient to establish a custom or policy.’” Depew v. City of St. Marys, 787 F.2d 1496, 1499 (11th Cir. 1986) (alterations added; citation omitted) (quoted in Donovan v. Rivadeneira, 557 F. Supp. Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 4 of 10
Page 5 of 10 3d 1236, 1246 (S.D. Fla. 2021)); see also McDowell v. Brown, 392 F.3d 1283, 1290 (11th Cir. 2004) (reiterating that an “incident must result from a demonstrated practice” and a custom is “a practice that is so settled and permanent that it takes on the force of the law”) (citation omitted). 2 Plaintiff did not allege facts which show a widespread practice. Thus, Plaintiff has not alleged facts sufficient to support his contention that boilerplate responses to grievances are the result of a policy of Defendant Dixon. Because no other facts are presented which allege actions or inactions of Defendant Dixon, the complaint fails to state a claim. Additionally, Plaintiff's claim against Defendant Dixon in his official capacity is barred by the Eleventh Amendment. The Eleventh Amendment bars suits against the State and its employees in their official capacity for money damages unless waived by the State or Congress. Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 99, 104 S. Ct. 900, 907, 79 L. Ed. 2d 67 (1984). The State of Florida has not waived its immunity, see 2 A recent case illustrates that for supervisory liability to exist, a plaintiff must show the defendant was “on notice by a history of widespread abuse” that is persistent with numerous prior incidents. See Bridges v. Poe, 155 F.4th 1302, 1314-15 (11th Cir. 2025) (finding that a “single report,” without more, is insufficient to “show that a custom or policy resulted in deliberate indifference to their constitutional rights”). Plaintiff has not alleged facts to support a supervisory claim against Defendant Dixon. Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 5 of 10
Page 6 of 10 Gamble v. Fla. Dep't Health and Rehab. Servs., 779 F.2d 1509, 1520 (11th Cir. 1986), and neither did Congress when enacting § 1983. Quern v. Jordan, 440 U.S. 332, 99 S. Ct. 1139, 59 L. Ed. 2d 358 (1979); Edelman v. Jordan, 415 U.S. 651, 94 S. Ct. 1347, 39 L. Ed. 2d 662 (1974). Therefore, because the Eleventh Amendment precludes Plaintiff from suing Defendant Dixon in his official capacity for monetary damages, the complaint should also be dismissed for seeking “monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B)(iii). See Bailey v. Lopez-Rivera, No. 4:22-CV-169-AW-MAF, 2023 WL 8622347, at *1 (N.D. Fla. Dec. 13, 2023), aff’d sub nom. Bailey v. Lopez-Rivera, No. 25-11327, 2026 WL 161319 (11th Cir. Jan. 21, 2026) (dismissing claim based on Eleventh Amendment immunity and 28 U.S.C. § 1915(e)(2)(B)(iii)); Ballard v. Cent. Alabama Drug Task Force, No. 2:22-CV-105-WKW-JTA, 2023 WL 8238898, at *3 (M.D. Ala. June 5, 2023) (finding that plaintiff’s claims were barred by Eleventh Amendment immunity and could not “survive review under 28 U.S.C. § 1915(e)(2)(B)(iii)”). One additional comment is warranted. Accepting Plaintiff’s allegations as true, it is understandable that Plaintiff is frustrated by the actions of Officer Suttle and Captain Cherry. According to Plaintiff, their Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 6 of 10
Page 7 of 10 mistaken belief that his earbuds were contraband resulted in the loss of his property and, potentially, extended his incarceration. 3 Yet Plaintiff alleged only that those officials were mistaken. ECF No. 12 at 5-6. The loss of property which is based on a defendant’s negligence (ergo, mistake) is not a viable claim. Daniels v. Williams, 474 U.S. 327 , 106 S. Ct. 662, 88 L. Ed.2d 662 (1986) (holding that “the Fourteenth Amendment to the United States Constitution does not afford” a prisoner a remedy for a defendant’s negligent conduct). Moreover, even if Plaintiff claimed that a prison official intentionally caused the loss of his property, his claim would still be foreclosed by Parratt v. Taylor, 451 U.S. 527, 541-44, 101 S. Ct. 1908, 1916-17, 68 L. Ed. 2d 420 (1981), and its progeny which “hold that a deprivation of liberty or property is not cognizable under Section 1983 when a state’s post-deprivation remedies are adequate to protect a victim’s 3 Plaintiff contends that his presumptive parole release date was extended, but there is no assurance that he would have been released on parole even without the disciplinary report because parole “is a matter of Commission discretion.” Walker v. Fla. Parole Comm'n, 299 F. App'x 900, 902 (11th Cir. 2008) (citing Damiano v. Florida Parole and Probation Comm'n, 785 F.2d 929, 932 (11th Cir. 1986)). Indeed, Florida law provides that parole is an “act of grace.” Howard v. Coonrod, 134 F.4th 1136, 1149 (11th Cir. 2025) (quoting Fla. Stat. § 947.002(5) (“It is the intent of the Legislature that the decision to parole an inmate from the incarceration portion of the inmate's sentence is an act of grace of the state and shall not be considered a right.”). Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 7 of 10
Page 8 of 10 procedural due process rights.” 4 Wood v. Ostrander, 879 F.2d 583, 588 (9th Cir. 1989) (citing Hudson v. Palmer, 468 U.S. 517, 533, 104 S. Ct. 3194, 82 L. Ed. 2d 393 (1984)). [A]n unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available. For intentional, as for negligent deprivations of property by state employees, the state’s action is not complete until and unless it provides or refuses to provide a suitable postdeprivation remedy. Hudson, 468 U.S. at 533, 104 S. Ct. at 3204 (footnote omitted); see also Case v. Eslinger, 555 F.3d 1317, 1331 (11th Cir. 2009) (observing that there is a remedy under Florida law for law enforcement’s seizure or retention of personal property); Holt v. Givens, 757 F. App’x 915, 922 (11th Cir. 2018) (finding no due process claim because the State of Alabama provided adequate postdeprivation remedies). Postdeprivation procedures satisfy due process for unauthorized deprivations by state actors, whether intentional or negligent, because the state cannot know in advance of the deprivation and therefore cannot provide predeprivation process. Hudson, 468 U.S. at 534, 104 S. Ct. at 4 This aspect of Parratt was not overruled by Daniels v. Williams, 474 U.S. 327 (1986). Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 8 of 10
Page 9 of 10 3204. It does not appear that Plaintiff has yet availed himself of relief in state court as to such a claim, 5 but even if he had, a federal court: ...looks to the existence of an opportunity—to whether the state courts, if asked, generally would provide an adequate remedy for the procedural deprivation the federal court plaintiff claims to have suffered. If state courts would, then there is no federal procedural due process violation regardless of whether the plaintiff has taken advantage of the state remedy or attempted to do so. If state courts generally would not provide an adequate remedy for that type of procedural deprivation, then the federal court determines whether the Fourteenth Amendment Due Process Clause requires such a remedy, and if it does, the federal court remedies the violation. Horton v. Bd. of Cty. Comm’rs of Flagler Cty., 202 F.3d 1297, 1300 (11th Cir. 2000); see also Foxy Lady, Inc. v. City of Atlanta, Ga., 347 F.3d 1232, 1238–39 (11th Cir. 2003). In Florida, the State of Florida has waived its sovereign immunity in tort actions for the negligent or wrongful acts of employees causing injury or loss of property. Fla. Stat. § 768.28(1). The existence of § 768.28 provides Plaintiff with a meaningful, post-deprivation remedy to challenge the loss of property. There is no indication that Florida’s statutory scheme is inadequate. Thus, Plaintiff does not have a cognizable claim under § 1983 for the deprivation of his property. 5 Plaintiff alleged filing a state court mandamus action, but his claim was rejected. ECF No. 12 at 9. A mandamus action was not the appropriate type of claim to be filed. Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 9 of 10
Page 10 of 10 RECOMMENDATION For all the foregoing reasons, it is respectfully RECOMMENDED that Plaintiff’s third amended complaint, ECF No. 12 be DISMISSED for failure to state a claim upon which relief may be granted and for seeking monetary relief against a defendant who is immune from such relief. It is also RECOMMENDED that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915A(b)(1),(2). IN CHAMBERS at Tallahassee, Florida, on May 27, 2026. S/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the Magistrate Judge’s findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party waives the right to challenge on appeal the District Court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case No. 4:26cv72-MW-MAF Case 4:26-cv-00072-MW-MAF Document 13 Filed 05/27/26 Page 10 of 10
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