Opinion

Lorch v. Williams

Court
District Court, M.D. Florida
Filed
Feb 22, 2024
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

CHRISTOPHER LORCH,

Petitioner,

v. Case No.: 2:24-cv-18-SPC-KCD

WILLIAMS, ROOKS, POLK,

HUNT, CARDENAZ, COURTNEY

JONES, JON CARNER and

RECOVERY SOLUTIONS,

Defendants.

/

OPINION AND ORDER

Before the Court is Plaintiff Christopher Lorch’s Complaint (Doc. 1).

United States Magistrate Judge Kyle Dudek granted Lorch leave to proceed in

forma pauperis, so the Court must review the Complaint to determine if 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).

Lorch is an involuntarily committed resident of the Florida Civil

Commitment Center (FCCC). He sues several FCCC employees under 42

U.S.C. §1983, which authorizes civil-rights actions against state officials. To

state a claim for relief under § 1983, a plaintiff first must allege a violation of

a right secured by the Constitution or under the laws of the United States; and

second, allege that the deprivation was committed or caused by a person acting

under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988); Arrington v.

Cobb County, 139 F.3d 865, 872 (11th Cir. 1998).

Lorch’s claims stem from his interactions with Defendant Williams,

which Lorch characterizes as psychological abuse. According to the Complaint,

Williams goads Lorch, talks and flirts with other residents in front of Lorch,

and violates facility rules just to show Lorch that she can. Lorch has

repeatedly reported Williams’ conduct to Defendant Rooks. On September 6,

2023, Rooks scolded Williams. Williams then threatened Lorch, triggering a

mental health crisis that resulted in three behavioral management reports

(BMRs)—Defendant Hunt wrote one for insolence or disrespect, Defendant

Cardenas wrote one for disorderly conduct, and Defendant Polk wrote one for

a gestured or spoken threat. On September 13, 2023, a multidisciplinary board

including Defendant Courtney Jones substantiated all three BMRs. As a

result, Lorch lost his job and his care level, potentially delaying his release

from the FCCC. Jones did nothing to stop Williams’ allegedly abusive conduct.

Lorch appealed the board’s substantiation of the BMRs. Defendant Jon

Carner—the FCCC’s facility administrator—denied the appeal. Lorch also

unsuccessfully appealed the decision to corporate decision makers of an entity

he calls Recovery Solutions.

Lorch also makes two unrelated allegations. On November 9, 2023,

Jones came to Lorch’s dorm accompanied by security officers. Lorch

complained about being housed with a particular resident, and Jones told him

to deal with it or go to confinement. Also on November 9, 2023, Carner told a

resident about “sending 6 hits on residents.” (Doc. 1 at 14). Neither of these

allegations has any apparent relationship with the rest of Lorch’s Complaint,

and they are far too vague to be actionable on their own, so the Court will not

consider them in its analysis.

Lorch’s Complaint does not state a plausible claim. The precise legal

nature of this action is unclear. In the “Nature of Suit” section of the

Complaint, Lorch wrote “8th amendment violation cruel & unusual

punishment. Deliberate indifference.” (Doc. 1 at 8). The Eighth Amendment

does not apply to the civilly committed. Rather, the Fourteenth Amendment

is relevant here. The Supreme Court held in Youngberg v. Romeo, 457 U.S.

307 (1982) that “the involuntarily committed have liberty interests under the

due process clause of the Fourteenth Amendment to reasonably safe conditions

of confinement, freedom from unreasonable bodily restraints, and such

minimally adequate training as might be required to ensure safety and

freedom from restraint.” Lavender v. Kearney, 206 F. App’x 860, 862-63 (11th

Cir. 2006).

The due process rights of the civilly committed are at least as extensive

as the Eighth Amendment rights of prisoners, so Eighth Amendment case law

“also serves to set forth the contours of the due process rights of the civilly

committed.” Id. (quoting Dolihite v. Maughon, 74 F.3d 1027, 1041 (11th Cir.

1996)). Thus, FCCC residents can rely on a “deliberate indifference”

framework to make a claim. But Lorch does not allege any conduct that could

support a deliberate indifference claim. To establish deliberate indifference, a

plaintiff must allege, among other things, a risk of serious harm. Ray v. Foltz,

370 F.3d 1079, 1083 (11th Cir. 2004). Lorch does not allege he faced a risk of

serious harm, so he has not stated a plausible claim of deliberate indifference.

The real thrust of Lorch’s claims is the reduction of his care level, which

could delay his release from the FCCC. The reduction resulted from the

substantiation of three BMRs. Lorch does not deny the truth of the BMRs. He

does allege one of the decision-makers—Jones—had a conflict of interest, but

that claim is barred by the Heck1 doctrine. See Hall v. Profert, No. 22-12184,

2023 WL 6274833, at *2 (11th Cir. Sept. 26, 2023) (applying Heck to FCCC

residents). Lorch cannot pursue a claim that would imply the BMR hearing

was invalid until the result of the hearing is overturned. Id. Lorch’s appeals

were rejected, so Heck bars his attack on the BMR hearing.

Lorch does not state a § 1983 claim under any theory the Court can

reasonably apply to his Complaint, so the Court will dismiss it and give Lorch

a chance to amend.

1 Heck v. Humphrey, 512 U.S. 477 (1994).

Accordingly, it is now

ORDERED:

Christopher Lorch’s Complaint (Doc. 1) is DISMISSED without

prejudice. Lorch may file an amended complaint by March 14, 2024.

Otherwise, the Court will enter judgment and close this case without

further notice.

DONE and ORDERED in Fort Myers, Florida on February 22, 2024.

UNITED STATES DISTRICT JUDGE

SA: FTMP-1

Copies: All Parties of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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