Opinion

Watson III v. State of Florida

Court
District Court, M.D. Florida
Filed
Dec 15, 2023
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

MARSHALL WATSON III,

Plaintiff,

v. Case No.: 2:23-cv-1126-SPC-KCD

STATE OF FLORIDA, F.C.C.C.,

GEO GROUP, WELL PATH,

RECOVERY SOLUTIONS and

DEPT. CHILDREN & FAMILIES,

Defendants.

/

OPINION AND ORDER

Before the Court is Plaintiff Marshall Watson III’s Civil Rights

Complaint (Doc. 1). Watson is an involuntarily committed resident of the

Florida Civil Commitment Center (FCCC). United States Magistrate Judge

Kyle Dudek granted Watson leave to proceed in forma pauperis, so the Court

must review the complaint to determine whether it is frivolous or malicious,

fails to state a claim, or seeks monetary damages from anyone immune from

such relief. See 28 U.S.C. § 1915(e)(2).

Watson improperly attempts to state three unrelated claims in his

complaint: (1) he is not receiving adequate medical treatment for his right foot;

(2) he is being falsely imprisoned at the FCCC; and (3) FCCC staff failed to

protect him from another resident. Multiple claims cannot be joined together

in a single action if they did not arise out of the same transaction or occurrence.

See Fed. R. Civ. P. 20(a)(2). “A plaintiff may set forth only related claims in

one civil rights complaint.” Rosado v. Nichols, 2:18-CV-195-JES-MRM, 2017

WL 1476255, at *6 (M.D. Fla. 2017). As the Seventh Circuit observed,

“multiple claims against a single party are fine, but Claim A against Defendant

1 should not be joined with unrelated Claim B against Defendant 2. Unrelated

claims against different defendants belong in different suits[.]” George v.

Smith, 507 F.3d 605, 607 (7th Cir. 2007). Thus, Watson can only pursue one

of his three claims in this action.

The Court would normally grant Watson leave to amend the complaint

and allow him to choose what claim to pursue. But two of the claims are clearly

meritless. The false imprisonment claim is frivolous. Watson complains that

the FCCC continues to detain him after the completion of his criminal

sentence. Florida law requires the involuntary commitment of sexually violent

predators after their term of imprisonment if a court determines they are likely

to “engage in acts of sexual violence if not confined in a secure facility for long-

term control, care, and treatment.’” Pesci v. Budz, 935 F.3d 1159, 1162 (11th

Cir. 2019) (quoting Fla. Stat. §§ 394.915)). Watson’s continued commitment is

not unlawful merely because he completed his prison sentence.

Nor can Watson proceed on his failure-to-protect claim. Watson claims

FCCC officials failed to protect him when he was stabbed on July 15, 2015.

“Florida’s four-year statute of limitations applies to such claims of deprivation

of rights under 42 U.S.C. §§ 1983 and 1985.” Chappell v. Rich, 340 F.3d 1279,

1283 (11th Cir. 2003). This claim is time-barred.

Watson’s medical claim is the only one that he could save with an

amendment. Watson alleges the condition of his right foot has deteriorated

over the last three years due to neglect and improper medical treatment.

Negligence is not enough to state a § 1983 claim, but Watson might be able to

plead a deliberate-indifference claim. Because Watson is a civil detainee, his

claims arise under the Fourteenth Amendment rather than the Eighth

Amendment. Youngberg v. Romeo, 457 U.S. 307, 315-316 (1982). But “the

standard for providing basic human needs to those incarcerated or in detention

is the same under both the Eighth and Fourteenth Amendments, and it makes

no difference whether [the plaintiff] was a…detainee or a convicted prisoner

because the applicable standard is the same, so decisional law involving prison

inmates applies equally to cases involving…detainees.” Keith v. DeKalb Cty.,

Ga., 749 F.3d 1034, 1044 n.35 (11th Cir. 2014) (cleaned up).

In Estelle v. Gamble, the Supreme Court established that “deliberate

indifference to serious medical needs of prisoners constitutes the ‘unnecessary

and wanton infliction of pain,’ proscribed by the Eighth Amendment.” 429 U.S.

97, 104 (1976). But not every claim of inadequate medical treatment gives rise

to an Eighth Amendment violation. Id. at 105. Negligence in diagnosis or

treatment—even if it constitutes medical malpractice—does not necessarily

violate the constitution. Id. at 106. “To prevail on a claim of deliberate

indifference to serious medical need in violation of the Fourteenth

Amendment, a plaintiff must show: ‘(1) a serious medical need; (2) the

defendants’ deliberate indifference to that need; and (3) causation between

that indifference and the plaintiff's injury.” Youmans v. Gagnon, 626 F.3d 557,

563 (11th Cir.2010) (quoting Mann v. Taser Int'l, Inc., 588 F.3d 1291, 1306–07

(11th Cir. 2009)).

Watson’s complaint alleges mere negligence. If Watson believes he can

state a claim for deliberate indifference, he may file an amended complaint.

But he must sue the individual doctors and nurses who were deliberately

indifferent to his medical need. It does not appear Watson has a direct claim

against the entities he named in his complaint, and those defendants cannot

be held vicariously liable under § 1983 for the acts of their employees. See

Keith v. Dekalb Cnty., Ga., 749 F.3d 1034, 1047 (11th Cir. 2014). Also, an

amended complaint must comply with Federal Rule of Civil Procedure 10,

which requires a party to “state its claims or defenses in numbered paragraphs,

each limited as far as practicable to a single set of circumstances.”

To summarize, the Court will dismiss Watson’s complaint because it does

not state a claim. Watson may file an amended complaint against any

individual officials who were deliberately indifferent to his serious medical

need. The amended complaint must comply with Rule 10.

Accordingly, it is now

ORDERED:

Plaintiff Marshall Watson III’s Civil Rights Complaint (Doc. 1) is

DISMISSED without prejudice. Watson may file an amended complaint by

January 5, 2024. Otherwise, the Court will enter judgment and close

this case without further notice.

DONE and ORDERED in Fort Myers, Florida on December 15, 2023.

UNITED STATES DISTRICT JUDGE

SA: FTMP-1

Copies: All Parties of Record

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