The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SYDRIC R. REYNOLDS,
Plaintiff,
v. Case No. 3:20-cv-803-J-39MCR
C. HODGSON, et al.,
Defendants.
_______________________________
ORDER
Plaintiff, an inmate of the Florida penal system proceeding
pro se and as a pauper, initiated this action by filing a Civil
Rights Complaint (Doc. 1; Compl.) under 42 U.S.C. § l983. He names
multiple Defendants, who are administrators or officers at
Columbia Correctional Institution (CCI). Plaintiff asserts
violations of the Eighth and Fourteenth Amendments and provisions
of the Florida Constitution arising out of two use-of-force
incidents that occurred at CCI in May and October 2017. See Compl.
at 3. As relief, Plaintiff seeks monetary damages and injunctive
relief. Id. at 9.
Upon initial screening of the complaint, the Court finds
Plaintiff has failed to adequately set forth his claims. First,
Plaintiff does not attribute factual allegations to all named
Defendants. Specifically, it is unclear why Plaintiff names
Defendants Allen, Whith, Roderts, and Fornes. Plaintiff does not
allege these individuals participated in the force incidents that
are the basis of his claims. Rather, Plaintiff alleges Defendants
Brown, Norton, and Glass physically beat him on May 9, 2017;
Defendants McMunas and Dustin sprayed him with chemical agents and
beat him, also on May 9, 2017; Defendant Dube instructed or allowed
Defendants McMunas and Dustin to harm him; Defendants Norton,
Pinkerton, and Smith beat him on October 12, 2017; and Defendant
Hodgson allowed officers to spray him with chemical agents (though,
it is unclear when and under what circumstances officers sprayed
Plaintiff in October 2017).
Second, it appears the use-of-force incidents that occurred
in May are unrelated to the force incident(s) that occurred in
October. If the incidents are unrelated, Plaintiff should pursue
his claims in separate civil rights actions. If the incidents are
related, Plaintiff must say how they are related, and he should
clarify the circumstances under which he was sprayed with chemical
agents in October 2017.
Third, Plaintiff’s allegations are not clear or concise. He
includes seemingly unrelated and extraneous factual allegations.
For instance, Plaintiff explains he was sent to the hospital after
the May 9, 2017 incidents; was transferred to another correctional
institution on May 11, 2017; had x-rays taken on May 16, 2017;
returned to CCI on July 7, 2017; had trouble sleeping and
threatened to commit suicide in mid-July, 2017; and had more x-
rays taken after the October 12, 2017 beating incident. These
allegations appear unnecessary because Plaintiff does not allege
Defendants denied him medical care or were deliberately
indifferent to his mental health needs. To the extent Plaintiff
includes these facts only to establish that he sustained injuries
because of the force incidents, he should omit them. In section V
of the Civil Rights Complaint form, Plaintiff may identify what
injuries he contends Defendants caused. He should avoid providing
a narrative explanation of the medical providers he saw, when he
saw them, and what they diagnosed. If the claims proceed, Plaintiff
will have an opportunity later to fully explain the facts and offer
evidence, including medical records.
For the above reasons, Plaintiff must file an amended
complaint on the enclosed Civil Rights Complaint form and in
compliance with federal pleading standards. Federal Rule of Civil
Procedure 8(a) requires a pleading to include a short and plain
statement of the claim showing the pleader is entitled to relief.
Rule 10(b) requires all averments of the claim be made “in numbered
paragraphs, each limited as far as practicable to a single set of
circumstances.” To survive dismissal, a complaint must allege
facts, accepted as true, that state a claim “that is plausible on
its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
If Plaintiff chooses to amend his complaint, he should assess
his case and name as defendants only those individuals allegedly
responsible for violating his federal constitutional rights, and
he must allege how each individual is so responsible. In doing so,
Plaintiff should know that supervisory liability has been rejected
as a theory of recovery under § l983. Thus, a defendant who holds
a supervisory position may not be held liable simply because a
correctional institution staff member violated an inmate’s
constitutional rights.
Additionally, any claims arising out of unrelated incidents
must be pursued in a separate action, and Plaintiff should omit
extraneous facts. Plaintiff must also adhere to the following
instructions:
1. The amended complaint must be marked, “Amended
Complaint.”
2. The amended complaint must name as defendants only those
who had been acting under color of state law and are
responsible for the alleged constitutional violation.
3. The amended complaint must state the full names of each
defendant (to the extent Plaintiff knows them) in the
style of the case on the first page and in section I.B.
4. The list of defendants named on the first page must match
the list of named defendants in section I.B.
5. The amended complaint (or a separate filing) must
include current addresses for each defendant so the
Court can direct service of process.
6. In section IV, “Statement of Claim,” there must be a
clear description of how each defendant was involved in
the alleged violation(s). The allegations should be
stated in numbered paragraphs, each limited to a single
set of circumstances. Plaintiff should separately
explain the facts giving rise to his individual claims
for relief, and he should clearly state how each
defendant is responsible for each alleged violation.1
7. In section V, “Injuries,” there must be a statement
concerning how each defendant’s action or omission
injured Plaintiff.
8. In section VI, “Relief,” there must be a statement of
what Plaintiff seeks through this action.2
Plaintiff must sign and date the amended complaint after the
following statement on the form:
Under Federal Rule of Civil Procedure 11, by
signing below, I certify to the best of my
knowledge, information, and belief that this
complaint: (1) is not being presented for an
improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the
cost of litigation; (2) is supported by
existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing
law; (3) the factual contentions have
evidentiary support or, if specifically so
identified, will likely have evidentiary
support after a reasonable opportunity for
further investigation or discovery; and (4)
the complaint otherwise complies with the
requirements of Rule 11.
Before signing the amended complaint, Plaintiff must ensure
his assertions are truthful and he has not knowingly made false
1 Plaintiff may attach additional pages if necessary, but he
should continue to number the paragraphs for a clear presentation
of his factual allegations supporting each claim.
2 Plaintiff is advised that “[t]he [Prison Litigation Reform
Act (PLRA)] places substantial restrictions on the judicial relief
that prisoners can seek . . . .” Brooks v. Warden, 800 F.3d 1295,
1307 (11th Cir. 2015) (quoting Al-Amin v. Smith, 637 F.3d 1192,
1195 (11th Cir. 2011)).
material declarations. He must neither exaggerate nor distort the
facts but instead must truthfully state the facts underlying his
claims. Knowingly making a false material declaration in violation
of 18 U.S.C. § 1623 is punishable by a fine, imprisonment, or both.
Accordingly, it is now
ORDERED:
1. The Clerk shall send Plaintiff a Civil Rights Complaint
form.
2. By October 26, 2020, Plaintiff must mail an amended
complaint to the Court for filing, along with one copy of the
amended complaint (including exhibits)3 for each named defendant.
The amended complaint should comply with the instructions on the
form and those provided in this order. Plaintiff may proceed in
this case on one basic issue or incident. He may file separate
civil rights complaints to pursue any claims unrelated to those he
pursues in this case.4 Plaintiff’s failure to comply with this
order may result in the dismissal of this case.
3 Plaintiff may include exhibits, such as grievances or
medical records. Plaintiff must individually number each exhibit
in the lower right-hand corner of each exhibit. If his first
exhibit has multiple pages, he should number the pages 1-A, 1-B,
1-C, etc.
4 If Plaintiff chooses to initiate new actions based on other
incidents, he should consider the running of the statute of
limitations.
DONE AND ORDERED at Jacksonville, Florida, this 29th day of
September 2020.
ee
UNITED STATES MAGISTRATE JUDGE
Jax-6
Cc:
Sydric R. Reynolds