# Grimage v. Acevedo

> District Court, M.D. Florida · October 6, 2025

URL: https://www.frixlaw.com/law-library/cases/11166585

## Case

- **Full name:** Michael Eugene Grimage v. Doctor Angel Acevedo, et al.
- **Court:** District Court, M.D. Florida
- **Decided:** October 6, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11166585

## How later opinions describe it (automated extraction)

- explaining that “conclusory allegations, unwarranted deductions of facts or legal conclusions masquerading as facts will not prevent dismissal” (original alteration omitted)
- noting that, “[a]lthough a district court would not be bound to follow any other district court’s determination, the decision would have significant persuasive effects.”

## Opinion text

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

MICHAEL EUGENE GRIMAGE,

Plaintiff,

v. Case No. 3:24-cv-1119-MMH-MCR

DOCTOR ANGEL ACEVEDO, et al.,

Defendants.
_________________________________

ORDER
Plaintiff Michael Eugene Grimage, an inmate of the Florida Department
of Corrections, initiated this action on October 25, 2024, by filing a pro se
Complaint for Violation of Civil Rights (Doc. 1) under 42 U.S.C. § 1983. The
Court afforded Grimage an opportunity to amend his Complaint, see Doc. 8,
and he now proceeds on an Amended Complaint (AC; Doc. 9). In the AC,
Grimage names as Defendants: (1) Doctor Angel Acevedo; (2) Doctor Michael
Collins; (3) Michelle Hall; and (4) Gina Bennett. See AC at 2–3. He alleges that
Defendants Acevedo and Collins acted with deliberate indifference to his
serious medical needs when they “refuse[d] to properly treat [the] evident
injuries” that Grimage sustained during uses of force on November 26, 2022,
and May 21, 2023. Id. at 4. According to Grimage, Defendants Hall and
Bennett’s “irrational responses” to and destruction of his grievances
concerning his medical care violated due process. See id. at 5.

The Prison Litigation Reform Act (PLRA) requires the Court to dismiss
this case at any time if the Court determines that the action is frivolous,
malicious, fails to state a claim upon which relief can be granted or seeks
monetary relief against a defendant who is immune from such relief.1 See 28

U.S.C. §§ 1915(e)(2)(B); 1915A. “A claim is frivolous if it is without arguable
merit either in law or fact.” Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001)
(citing Battle v. Cent. State Hosp., 898 F.2d 126, 129 (11th Cir. 1990)). A
complaint filed in forma pauperis which fails to state a claim under Federal

Rule of Civil Procedure 12(b)(6) is not automatically frivolous. Neitzke v.
Williams, 490 U.S. 319, 328 (1989). Section 1915(e)(2)(B)(i) dismissals should
only be ordered when the legal theories are “indisputably meritless,” id. at 327,
or when the claims rely on factual allegations which are “clearly baseless.”

Denton v. Hernandez, 504 U.S. 25, 32 (1992). “Frivolous claims include claims
‘describing fantastic or delusional scenarios, claims with which federal district
judges are all too familiar.’” Bilal, 251 F.3d at 1349 (quoting Neitzke, 490 U.S.
at 328). Additionally, a claim may be dismissed as frivolous when it appears

1 Grimage proceeds as a pauper. See Order (Doc. 4).
2
that a plaintiff has little or no chance of success. Id. As to whether a complaint
“fails to state a claim on which relief may be granted,” the language of the

PLRA mirrors the language of Rule 12(b)(6), Federal Rules of Civil Procedure,
and therefore courts apply the same standard in both contexts.2 Mitchell v.
Farcass, 112 F.3d 1483, 1490 (11th Cir. 1997); see also Alba v. Montford, 517
F.3d 1249, 1252 (11th Cir. 2008).

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that (1)
the defendant deprived him of a right secured under the United States
Constitution or federal law, and (2) such deprivation occurred under color of
state law. Salvato v. Miley, 790 F.3d 1286, 1295 (11th Cir. 2015); Bingham v.

Thomas, 654 F.3d 1171, 1175 (11th Cir. 2011) (per curiam); Richardson v.
Johnson, 598 F.3d 734, 737 (11th Cir. 2010) (per curiam). Moreover, under
Eleventh Circuit precedent, to prevail in a § 1983 action, a plaintiff must show
“an affirmative causal connection between the official’s acts or omissions and

the alleged constitutional deprivation.” Zatler v. Wainwright, 802 F.2d 397,
401 (11th Cir. 1986) (citation omitted); Porter v. White, 483 F.3d 1294, 1306
n.10 (11th Cir. 2007).

2 “To survive a motion to dismiss, a complaint must contain sufficient factual
matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007)).
3
Under the Federal Rules of Civil Procedure, a complaint need only
contain “a short and plain statement of the claim showing that the pleader is

entitled to relief.” Fed. R. Civ. P. (8)(a)(2). In addition, all reasonable inferences
should be drawn in favor of the plaintiff. See Randall v. Scott, 610 F.3d 701,
705 (11th Cir. 2010). Nonetheless, the plaintiff still must meet some minimal
pleading requirements. Jackson v. BellSouth Telecomms., 372 F.3d 1250,

1262–63 (11th Cir. 2004). Indeed, while “[s]pecific facts are not necessary[,]”
the complaint should “‘give the defendant fair notice of what the . . . claim is
and the grounds upon which it rests.’” Erickson v. Pardus, 551 U.S. 89, 93
(2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555

(2007)). Further, the plaintiff must allege “enough facts to state a claim to relief
that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has facial
plausibility when the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable for the misconduct

alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). While not required to
include detailed factual allegations, a complaint must allege “more than an
unadorned, the-defendant-unlawfully-harmed-me accusation.” Id.
A “plaintiff’s obligation to provide the grounds of his entitlement to relief

requires more than labels and conclusions, and a formulaic recitation of the
4
elements of a cause of action will not do[.]” Twombly, 550 U.S. at 555 (internal
quotations omitted); see also Jackson, 372 F.3d at 1262 (explaining that

“conclusory allegations, unwarranted deductions of facts or legal conclusions
masquerading as facts will not prevent dismissal” (original alteration
omitted)). Indeed, “the tenet that a court must accept as true all of the
allegations contained in a complaint is inapplicable to legal

conclusions[,]”which simply “are not entitled to [an] assumption of truth.”
Iqbal, 556 U.S. at 678, 680. In the absence of well-pled facts suggesting a
federal constitutional deprivation or violation of a federal right, a plaintiff
cannot sustain a cause of action against the defendant.

In assessing the AC, the Court must read Grimage’s pro se allegations
in a liberal fashion. Haines v. Kerner, 404 U.S. 519 (1972). And, while “[p]ro se
pleadings are held to a less stringent standard than pleadings drafted by
attorneys and will, therefore, be liberally construed,” Tannenbaum v. United

States, 148 F.3d 1262, 1263 (11th Cir. 1998), “‘this leniency does not give the
court a license to serve as de facto counsel for a party or to rewrite an otherwise
deficient pleading in order to sustain an action.’” Campbell v. Air Jamaica Ltd.,
760 F.3d 1165, 1168–69 (11th Cir. 2014) (quoting GJR Invs., Inc. v. Cnty. of

5
Escambia, 132 F.3d 1359, 1369 (11th Cir. 1998) (citations omitted), overruled
in part on other grounds as recognized in Randall, 610 F.3d at 709)).

With respect to Grimage’s deliberate indifference claim, the Eighth
Amendment “imposes duties on [prison] officials, who must provide humane
conditions of confinement; prison officials must ensure that inmates receive
adequate food, clothing, shelter, and medical care, and must ‘take reasonable

measures to guarantee the safety of the inmates.’” Farmer v. Brennan, 511
U.S. 825, 832 (1994) (quoting Hudson v. Palmer, 468 U.S. 517, 526–27 (1984)).
To establish an Eighth Amendment violation, a prisoner must satisfy both an
objective and subjective inquiry regarding a prison official’s conduct. Swain v.

Junior, 961 F.3d 1276, 1285 (11th Cir. 2020) (citing Farmer, 511 U.S. at 834).
As it relates to medical care, “the Supreme Court has held that prison officials
violate the bar on cruel and unusual punishments when they display
‘deliberate indifference to serious medical needs of prisoners.’” Keohane v. Fla.

Dep’t of Corr. Sec’y, 952 F.3d 1257, 1265 (11th Cir. 2020) (quoting Estelle v.
Gamble, 429 U.S. 97, 104 (1976)). Specifically, the Eleventh Circuit has
instructed that to establish liability on an Eighth Amendment deliberate
indifference claim, the plaintiff must show:

6
First . . . as a threshold matter, that he suffered
a deprivation that was, “objectively, ‘sufficiently
serious.’” [Farmer, 511 U.S. at 834].

Second, . . . that the defendant acted with
“subjective recklessness as used in the criminal law,”
id. at 839, and to do so he must show that the
defendant was actually, subjectively aware that his
own conduct caused a substantial risk of serious harm
to the plaintiff—with the caveat, again, that even if
the defendant “actually knew of a substantial risk to
inmate health or safety,” he “cannot be found liable
under the Cruel and Unusual Punishments Clause” if
he “responded reasonably to the risk.” Id. at 844-45.

Wade v. McDade, 106 F.4th 1251, 1261 (11th Cir. 2024) (enumeration and
emphasis omitted);3 see Stalley v. Cumbie, 124 F.4th 1273, 1283 (11th Cir.
2024) (recognizing that to prevail on a deliberate indifference claim, a plaintiff
must show that he suffered “an objectively serious medical need,” and that the
defendant acted with deliberate indifference to that need, meaning that the
defendant “(1) had subjective knowledge of a risk of serious harm, (2)

3 For decades, the Eleventh Circuit has described a “more than mere
negligence” or “more than gross negligence” standard in determining whether an
official acted with deliberate indifference to an inmate’s serious medical need. Wade,
106 F.4th at 1255. In Wade, the Eleventh Circuit determined that those standards
conflicted with the Supreme Court’s decision in Farmer and clarified that courts in
this circuit should apply the “subjective recklessness” standard “as used in the
criminal law.” Id. at 1253. The Court notes that the Honorable Adalberto Jordan
wrote a concurrence to the majority’s opinion in Wade, finding that to the extent prior
Eleventh Circuit deliberate indifference cases are not inconsistent with Wade, “they
should continue to be cited as binding precedent.” Id. at 1265 (Jordan, J., concurring).
7
disregarded that risk, and (3) engaged in conduct that amounts to subjective
recklessness” (internal quotations and citations omitted)).

“As applied in the prison context, the deliberate-indifference standard
sets an appropriately high bar.” Swain, 961 F.3d at 1285. Importantly, medical
treatment gives rise to a constitutional violation “only when it is so grossly
incompetent, inadequate, or excessive as to shock the conscience or to be

intolerable to fundamental fairness.” Hoffer v. Sec’y, Fla. Dep’t of Corr., 973
F.3d 1263, 1271 (11th Cir. 2020) (quotations omitted). Indeed, the law is well
settled that the Constitution is not implicated by the negligent acts of
corrections officials and medical personnel. Daniels v. Williams, 474 U.S. 327,

330-31 (1986); Davidson v. Cannon, 474 U.S. 344, 348 (1986) (“As we held in
Daniels, the protections of the Due Process Clause, whether procedural or
substantive, are just not triggered by lack of due care by prison officials.”).
Thus, a complaint that a medical provider has been negligent “in diagnosing

or treating a medical condition does not state a valid claim of medical
mistreatment under the Eighth Amendment.” Bingham v. Thomas, 654 F.3d
1171, 1176 (11th Cir. 2011) (quotations and citation omitted).
Liberally read, Grimage’s AC fails to present allegations sufficient to

support a claim for an Eighth Amendment violation against Defendants
8
Acevedo and Collins. His claims are conclusory in nature and devoid of facts
that would allow the Court to draw a reasonable inference that Defendants

violated Grimage’s constitutional rights. For example, Grimage alleges
Defendants Acevedo and Collins did not properly treat his injuries, but he fails
to specify when he sought medical care, which injuries he sought medical care
for, and what actions Defendants Acevedo and Collins took, if any, in response

to his complaints.
Notably, the Court afforded Grimage an opportunity to amend his
Complaint, and in doing so, explained the following:
[Grimage] must factually describe the actions or
omissions of each defendant that caused his injury.
Indeed, [Grimage’s] allegations in the Complaint
regarding his medical care, or lack thereof, are
conclusory. He cannot simply describe the events
without specifically discussing who did what. And he
cannot just generally allege that a defendant violated
his rights, as conclusory statements are insufficient to
state a claim.

Doc. 8 at 3. Nevertheless, Grimage still fails to specify what each Defendant
individually did or failed to do in delaying or denying medical care for his
injuries. In short, Grimage does not set forth a short and plain statement of
his entitlement to relief such that Defendants Acevedo and Collins have fair
9
notice of the claims against them and the facts underlying those
claims. See Twombly, 550 U.S. at 555.

Insofar as Grimage asserts that Defendants Hall and Bennett violated
his constitutional rights by denying or destroying his grievances, he fails to
state a claim. Not addressing a grievance in the manner a prisoner would like,
without more, does not render an individual liable for the underlying

constitutional violation. See Jones v. Eckloff, No. 2:12-cv-375-FtM-29DNF,
2013 WL 6231181, at *4 (M.D. Fla. Dec. 2, 2013)4 (“[F]iling a grievance with a
supervisory person does not automatically make the supervisor liable for the
allegedly unconstitutional conduct brought to light by the grievance, even

when the grievance is denied.” (collecting cases)).
There are circumstances in which a defendant’s failure to act in response
to an inmate’s grievances may result in a constitutional violation. See Goebert
v. Lee Cnty., 510 F.3d 1312, 1327–29 (11th Cir. 2007) (finding that a

defendant’s lack of action in response to an inmate’s written complaint
amounted to deliberate indifference and the delay attributable to the

4 The Court notes that although decisions of other district courts are not
binding, they may be cited as persuasive authority. See Stone v. First Union Corp.,
371 F.3d 1305, 1310 (11th Cir. 2004) (noting that, “[a]lthough a district court would
not be bound to follow any other district court’s determination, the decision would
have significant persuasive effects.”).
10
defendant’s deliberate indifference may have caused the inmate’s injury). In
Goebert, a pregnant pretrial detainee submitted a medical complaint form,

wherein she requested to see an obstetrician or a doctor outside of the county
jail. 510 F.3d at 1318. The plaintiff alleged in her complaint that she had
leaked amniotic fluid for approximately nine days, she had not felt any
movements from her baby, and she had a history of miscarriages. Id. The

defendant, a facility commander, responded that medical could arrange an
appointment at her expense, despite the plaintiff noting in her complaint that
medical staff had “ignored her daily requests for aid and had already failed to
set up an appointment for her with an outside obstetrician.” Id. at 1328. In

finding that the defendant was not entitled to summary judgment, the
Eleventh Circuit noted that the inmate’s written complaint contained
sufficient information to provide the defendant with subjective knowledge of
her serious medical need, and his failure to take action in response to her

complaint because he did not believe her amounted to deliberate indifference.
Id. at 1327–28.
But the facts of this case are distinguishable from those in Goebert.
Whereas the defendant in Goebert completely disregarded his duty to

investigate the inmate’s time-sensitive serious medical complaints, prison
11
officials considered and addressed Grimage’s complaints. See Doc. 9-1. For
instance, in response to a grievance appeal, Defendant Hall noted that she had

reviewed records available to her and determined that medical had provided
treatment plans for Grimage’s medical concerns, but he had refused to adhere
to them. See id. at 11. These responses reflect that prison officials inquired into
the matter and did not “deliberately disregard, without any investigation or

inquiry,” Grimage’s complaints. Goebert, 510 F.3d at 1328.
Moreover, inmates have “no constitutionally protected liberty interest in
access to the prison’s grievance procedure.” Moore v. McLaughlin, 569 F. App’x
656, 659 (11th Cir. 2014)5 (per curiam); see Mathews v. Moss, 506 F. App’x 981,

984 (11th Cir. 2013) (per curiam) (finding the plaintiff failed to state a claim
because he merely “alleged that his prison grievances were either ignored or
wrongly decided or that prison officials did not properly follow the prison's own
grievance procedures”). Thus, to the extent Grimage alleges that Defendants

Hall and Bennett denied him due process in the grievance procedure, such
allegations fail to state a claim.

5 The Court does not rely on unpublished opinions as binding precedent;
however, they may be cited in this Order when the Court finds them persuasive on a
particular point. See McNamara v. Gov’t Emps. Ins. Co., 30 F.4th 1055, 1060–61
(11th Cir. 2022); see generally Fed. R. App. P. 32.1; 11th Cir. R. 36-2 (“Unpublished
opinions are not considered binding precedent, but they may be cited as persuasive
authority.”).
12
Therefore, it is now ORDERED:
1. This case is DISMISSED without prejudice.
2. The Clerk shall enter judgment dismissing this case without
prejudice, terminate any pending motions, and close the case.
DONE AND ORDERED at Jacksonville, Florida, this 6th day of
October, 2025.

MARCIA MORALES HOWARD
United States District Judge

Jax-9 9/25
C: Michael Eugene Grimage, #415545

18

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11166585. Public record. Not legal advice.