Teo A. Jamison v. Butts County Sheriff

USCA11 Case: 23-11218 Document: 36-1 Date Filed: 10/18/2024 Page: 1 of 6

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-11218

Non-Argument Calendar

____________________

TEO A. JAMISON,

Plaintiff-Appellant,

versus

UNITED STATES MARSHALS SERVICE, et al.,

Defendants,

BUTTS COUNTY SHERIFF,

CHIEF WHITE,

Butts County Detention Center,

CAPTAIN LEE,

Butts County Detention Center,

CAPTAIN MARY WEAVER,

USCA11 Case: 23-11218 Document: 36-1 Date Filed: 10/18/2024 Page: 2 of 6

2 Opinion of the Court 23-11218

Butts County Detention Center,

GRIEVANCE OFFICER BLACKMON,

Butts County Detention Center, et al.,

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Middle District of Georgia

D.C. Docket No. 5:19-cv-00457-TES-MSH

____________________

Before BRANCH, BRASHER, and ABUDU, Circuit Judges.

PER CURIAM:

Teo Jamison, proceeding pro se, appeals the district court’s

order granting summary judgment in favor of the defendants in his

civil suit under 42 U.S.C. § 1983 for deliberate indifference to his

serious medical needs. After review, we affirm.

I. Background

Jamison, a federal prisoner, filed a pro se § 1983 complaint

against several employees of the Butts County Detention Center

(“BCDC”)—Sheriff Gary Long, Sergeant Bell, Major Gandee, Chief

White, Captain Weaver, Captain Lee, Sergeant Cox, Officer Smith,

USCA11 Case: 23-11218 Document: 36-1 Date Filed: 10/18/2024 Page: 3 of 6

23-11218 Opinion of the Court 3

Dr. Peter Wrobel, and Nurse Donna Younger.1 He alleged, in

relevant part, that during his time as a pre-trial detainee at BCDC,

the defendants were deliberately indifferent to his serious medical

needs based on the defendants’ alleged failure to allow him to use

a cane for various underlying health conditions, which resulted in

him falling on multiple occasions, in violation of the Eighth and

Fourteenth Amendment. 2 He sought compensatory and punitive

damages.

The defendants ultimately moved for summary judgment,

arguing that Jamison failed to state a viable claim for deliberate

indifference and, regardless, they were entitled to qualified

immunity. A magistrate judge issued a report and

recommendation (“R&R”), recommending that summary

judgment be granted in favor of the defendants because

(1) Jamison’s deliberate indifference claim failed because the

evidence did not show that the defendants subjectively knew of, or

disregarded, a risk of serious harm; and (2) the defendants were

entitled to qualified immunity. The magistrate judge informed the

1 Jamison sued others as well, but those individuals and entities are not

relevant to this appeal. Therefore, we omit any discussion of the other

defendants.

2 Jamison also raised a deliberate indifference claim related to an alleged delay

in medical care for a broken finger and a retaliation claim. However, we do

not discuss those claims as they are not at issue in this appeal. Finally, we note

that although Jamison’s complaint referenced the Eighth Amendment, the

Eighth Amendment governs claims of inmates, while the Due Process Clause

of the Fourteenth Amendment governs claims of pretrial detainees. See Bell v.

Wolfish, 441 U.S. 520, 535 & n.16 (1979).

USCA11 Case: 23-11218 Document: 36-1 Date Filed: 10/18/2024 Page: 4 of 6

4 Opinion of the Court 23-11218

parties that they had 14 days in which to file objections to the R&R

and cautioned that the failure to file objections would result in a

waiver of the right to challenge the unobjected-to issue on appeal.

Jamison filed objections to the R&R, but he did not object to the

magistrate judge’s finding that the defendants were entitled to

qualified immunity. The district court agreed that Jamison’s

deliberate indifference claim failed as a matter of law and that the

officers were entitled to qualified immunity. Accordingly, the

district court granted the motion for summary judgment. Jamison,

proceeding pro se, timely appealed.

II. Discussion

Jamison argues generally that his deliberate indifference

claim based on the denial of the use of a cane was meritorious. 3 In

response, the Appellees argue, in relevant part, that Jamison has

waived his right to appeal by filing a conclusory brief without

citations to the record or supporting legal authority.

“Pro se pleadings are held to a less stringent standard than

pleadings drafted by attorneys and will, therefore, be liberally

construed.” Hughes v. Lott, 350 F.3d 1157, 1160 (11th Cir. 2003)

(quotations omitted). Nevertheless, “[w]hile we read briefs filed by

pro se litigants liberally, issues not briefed on appeal by a pro se

3 We review the grant of summary judgment de novo, viewing the record and

drawing all reasonable inferences in favor of the nonmoving party. Garczynski

v. Bradshaw, 573 F.3d 1158, 1165 (11th Cir. 2009). “[We] may affirm the

judgment of the district court on any ground supported by the record.” See

Kernel Recs. Oy v. Mosley, 694 F.3d 1294, 1309 (11th Cir. 2012).

USCA11 Case: 23-11218 Document: 36-1 Date Filed: 10/18/2024 Page: 5 of 6

23-11218 Opinion of the Court 5

litigant are deemed abandoned.” Timson v. Sampson, 518 F.3d 870,

874 (11th Cir. 2008) (internal citation omitted). “Issues raised in a

perfunctory manner, without supporting arguments and citation

to authorities, are generally deemed to be waived.” N.L.R.B. v.

McClain of Ga., Inc., 138 F.3d 1418, 1422 (11th Cir. 1998); see also

Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 681 (11th Cir.

2014) (“We have long held that an appellant abandons a claim

when he either makes only passing references to it or raises it in a

perfunctory manner without supporting arguments and

authority.”); Campbell v. Air Jam., Ltd., 760 F.3d 1165, 1168–69 (11th

Cir. 2014) (explaining that, although we liberally construe pro se

pleadings, the Court will not “serve as de facto counsel for a party”

or “rewrite an otherwise deficient pleading in order to sustain an

action” (quotations omitted)). By failing to provide supporting

arguments and authority in his brief to challenge the denial of his

deliberate indifference claim on the merits, Jamison abandoned the

issue. N.L.R.B., 138 F.3d at 1422.

Furthermore, notwithstanding Jamison’s lack of supporting

arguments and authority in support of his merits-based challenge,

it is well-established that in order

[t]o obtain reversal of a district court judgment that is

based on multiple, independent grounds, an appellant

must convince us that every stated ground for

the judgment against him is incorrect. When an

appellant fails to challenge properly on appeal one of

the grounds on which the district court based its

judgment, he is deemed to have abandoned any

USCA11 Case: 23-11218 Document: 36-1 Date Filed: 10/18/2024 Page: 6 of 6

6 Opinion of the Court 23-11218

challenge of that ground, and it follows that the

judgment is due to be affirmed.

Sapuppo, 739 F.3d at 680. Jamison does not challenge the qualified

immunity ruling, which is an independent ground supporting the

judgment.4 Accordingly, the judgment is due to be affirmed on

that ground. Id.

III. Conclusion

For the above reasons, we affirm the grant of summary

judgment.

AFFIRMED.

4 We also note that by failing to raise an objection to the qualified immunity

ruling in his objections to the R&R, Jamison also arguably waived his right to

challenge that legal conclusion on appeal. See 11th Cir. R. 3-1 (“A party failing

to object to a magistrate judge’s findings or recommendations contained in a

report and recommendation in accordance with the provisions of 28 U.S.C.

§ 636(b)(1) waives the right to challenge on appeal the district court’s order

based on unobjected-to factual and legal conclusions if the party was informed

of the time period for objecting and the consequences on appeal for failing to

object.”).