Opinion

Wendall Hall v. Valaire

Court
Court of Appeals for the Eleventh Circuit
Filed
Dec 16, 2025
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 37.7%

The opinion

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NOT FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 25-11193

Non-Argument Calendar

____________________

WENDALL JERMAINE HALL,

Plaintiff-Appellant,

versus

VALAIRE,

Nurse,

MARIA GARDNER,

Nurse,

BLANDEN,

Nurse,

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Middle District of Florida

D.C. Docket No. 2:23-cv-00769-SPC-NPM

____________________

Before JORDAN, KIDD, and ANDERSON, Circuit Judges.

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2 Opinion of the Court 25-11193

PER CURIAM:

Wendall Hall, an involuntarily committed resident of

Florida Civil Commitment Center (“FCCC”), appeals pro se from

the district court’s order granting the motion for summary

judgment filed by Antoria Blanding, Beatrix Valere, and Maria

Gardiner (collectively, “the defendants” or “the nurses”)1 on Hall’s

deliberate indifference, conditions of confinement, and retaliation

claims. On appeal, Hall argues that there was a genuine issue of

material fact about whether the nurses purposely delayed his

cystoscopy, whether he had an opportunity to dispose of his used

catheters, and whether there was a legitimate basis for Gardiner’s

incident report against him.

I. DISCUSSION

A. Delayed Cystoscopy

We review a district court’s order granting summary

judgment de novo, construing all evidence and drawing all

reasonable inferences in favor of the non-movant. Brown v.

Crawford, 906 F.2d 667, 669 (11th Cir. 1990). Summary judgment

is appropriate when the record evidence “shows that there is no

genuine dispute as to any material fact and the movant is entitled

to judgment as a matter of law.” Fed. R. Civ. P. 56(a). At summary

judgment, the district “court must draw all reasonable inferences

in favor of the nonmoving party” and may not weigh the evidence

1 Hall misspelled each of the Defendants’ names. We refer to them by their

proper names.

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25-11193 Opinion of the Court 3

or make credibility determinations. Reeves v. Sanderson Plumbing

Prods., Inc., 530 U.S. 133, 150 (2000).

To show that there is no genuine dispute of material fact,

the movant must show that no facts affect the outcome of the case

that would lead a rational trier of fact to find for the non-movant.

Harrison v. Culliver, 746 F.3d 1288, 1297-98 (11th Cir. 2014). If the

movant makes that showing, the burden shifts to the non-movant

to show the existence of a genuine dispute as to a material fact.

Fitzpatrick v. City of Atl., 2 F.3d 1112, 1116 (11th Cir. 1993).

Although pro se pleadings are liberally construed, “a pro se litigant

does not escape the essential burden under summary judgment

standards of establishing that there is a genuine issue as to a fact

material to his case in order to avert summary judgment.” Brown,

906 F.2d at 670. “[T]he nonmoving party may not rely solely on

the pleadings” to defeat a motion for summary judgment, but

rather, must rely on “affidavits, depositions, answers to

interrogatories, and admissions” to “show that there are specific

facts demonstrating that there is a genuine issue for trial.” Id.; see

Fed. R. Civ. P. 56(c).

Further, “[t]he mere existence of a scintilla of evidence in

support of the plaintiff’s position will be insufficient; there must be

evidence on which the jury could reasonably find for the plaintiff.”

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). Likewise,

“mere conclusions and unsupported factual allegations, as well as

affidavits based, in part, upon information and belief, rather than

personal knowledge, are insufficient to withstand a motion for

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4 Opinion of the Court 25-11193

summary judgment.” Ellis v. England, 432 F.3d 1321, 1327 (11th Cir.

2005). When the two parties tell “different stories, one of which is

blatantly contradicted by the record, so that no reasonable jury

could believe it, a court should not adopt that version of the facts

for purposes of ruling on a motion for summary judgment.” Scott

v. Harris, 550 U.S. 372, 380 (2007). Nonetheless, “[a] non-

conclusory affidavit which complies with Rule 56 can create a

genuine dispute concerning an issue of material fact, even if it is

self-serving and/or uncorroborated.” United States v. Stein,

881 F.3d 853, 858-59 (11th Cir. 2018). A “plaintiff’s testimony

cannot be discounted on summary judgment unless it is blatantly

contradicted by the record, blatantly inconsistent, or incredible as

a matter of law, meaning that it relates to facts that could not have

possibly been observed or events that are contrary to the laws of

nature.” Sears v. Roberts, 922 F.3d 1199, 1208 (11th Cir. 2019)

(citation modified). Otherwise, a plaintiff’s self-serving testimony

based on personal knowledge that contradicts another’s account

“presents a classic swearing match, which is the stuff of which jury

trials are made.” Feliciano v. City of Miami Beach, 707 F.3d 1244, 1253

(11th Cir. 2013).

We may affirm the district court on any legal basis,

“regardless of the grounds addressed and relied upon by the district

court.” Cuddeback v. Fla. Bd. of Educ., 381 F.3d 1230, 1235 (11th Cir.

2004).

Section 1983 provides a cause of action for private citizens

against persons acting under color of state law for violating their

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constitutional rights and other federal laws. 42 U.S.C. § 1983. The

Due Process Clause of the Fourteenth Amendment states that no

State shall “deprive any person of life, liberty, or property, without

due process of law.” U.S. Const. amend. XIV. “This Clause applies

to civilly committed detainees . . . who bring § 1983 actions.” Bilal

v. Geo Care LLC, 981 F.3d 903, 911 (2020). “Under the Fourteenth

Amendment, those who are civilly committed enjoy a substantive-

due-process right to liberty interests in, among other things, safety

and freedom from bodily restraint,” but this right is not absolute.

Id. at 912. We “apply a balancing test to determine whether a

State’s restraints on a civilly committed person violate that

individual’s substantive-due-process rights[,] . . . balanc[ing] the

person’s liberty interests against the reasons the State sets forth for

restricting the individual’s liberty.” Id. Further, the civilly

committed are due a higher standard of care than prisoners because

the “conditions of confinement for the criminally committed are

designed to punish,” while “those of the civilly committed are not.”

Id. (citation modified). Accordingly, the Fourteenth Amendment

substantive due process rights of civil detainees “are at least

equivalent to the comparable Eighth Amendment rights of those

incarcerated,” and, thus, Eighth Amendment case law is relevant.

Id. at 915.

In Youngberg v. Romeo, the Supreme Court addressed a

42 U.S.C. § 1983 claim alleging three constitutional violations

brought by Romeo, an individual in involuntary civil commitment

with “the mental capacity of an 18-month-old child.” 457 U.S. 307,

309-10 (1982). The Supreme Court recharacterized Romeo’s

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claims as claims “to safe conditions,” “to freedom from bodily

restraint,” and to “minimally adequate or reasonable training to

ensure safety and freedom from undue restraint.” Id. at 309, 314-

19. Ultimately, the Supreme Court remanded the case because the

“jury was erroneously instructed on the assumption that the

proper standard of liability was that of the Eighth Amendment[’s]”

deliberate indifference standard, leading to a finding for the

defendants, when the Fourteenth Amendment’s higher standard

applied. Id. at 312, 320-24. The Supreme Court held that civilly

committed individuals, like Romeo, “retain[] liberty interests in

safety and freedom from bodily restraint,” but “these interests are

not absolute,” as they must be balanced against the State’s

interests. Id. at 309, 319-21. “[T]he proper balance between the

legitimate interests of the State and the rights of the involuntarily

committed to reasonable conditions of safety and freedom from

unreasonable restraints . . . [is] that the courts make certain that

professional judgment in fact was exercised.” Id. at 321.

Under this professional judgment standard, there is a

presumption of validity to any decision made by a professional,

meaning any “person competent, whether by education, training

or experience, to make the particular decision at issue,” and

applying this deferential standard, should minimize judicial

interference “with the internal operations of these institutions.” Id.

at 322-23, 323 n.30. However, liability can still be imposed under

this standard, but “only when the decision by the professional is

such a substantial departure from accepted professional judgment,

practice, or standards as to demonstrate that the person responsible

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actually did not base the decision on such a judgment.” Id. at 323.

The Supreme Court emphasized that civil detainees “are entitled

to more considerate treatment and conditions of confinement than

criminals whose conditions of confinement are designed to

punish.” Id. at 321-22.

More recently, in Bilal, a civilly committed sex offender at

FCCC, Bilal, appealed to this Court the district court’s dismissal of

his § 1983 action for failure to state a claim. 981 F.3d at 907-08, 910.

Bilal asserted that his Fourteenth Amendment due process rights

were violated based on: (1) his conditions of restraint and

confinement during a 1200-mile roundtrip journey; and (2) his stay

in the county jail. Id. at 907-09. We noted that the Fourteenth

Amendment “applies to civilly committed detainees like Bilal, who

bring § 1983 actions.” Id. at 911. Further, “[u]nder the Fourteenth

Amendment, those who are civilly committed enjoy a substantive-

due-process right to liberty interests in, among other things, safety

and freedom from bodily restraint,” but this interest is balanced

against the State’s interests. Id. at 912. Specifically, “[o]nce the

State articulates a legitimate reason for restraining the civil

committee’s liberty, ‘the Constitution only requires that the courts

make certain that professional judgment in fact was exercised’ in

the times and way the institution restrains the person’s liberty.” Id.

(quoting Romeo, 457 U.S. at 321). After further summarizing the

professional judgment standard from Romeo, we stated that

Florida’s interest in keeping the public safe from violent sexual

predators is a legitimate state interest, so the next step was to

consider whether “each of the practices Bilal experienced in the

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name of this interest during his” roundtrip to and his stay in the

county jail were “inconsistent with professional judgment.” Id.

Additionally, in finding that Bilal stated a claim under the

Fourteenth Amendment, we relied heavily on Brooks v. Warden,

800 F.3d 1295 (11th Cir. 2015), which held that a prisoner’s

conditions of confinement violated the Eighth Amendment when

he was required to sit in his own excrement for two days. Id. at

914-15. We stated that “Fourteenth Amendment substantive-due-

process rights are at least equivalent to the comparable Eighth

Amendment rights of those incarcerated.” Id. at 915 (citing Dolihite

v. Maughon, 74 F.3d 1027, 1041 (11th Cir. 1996)). The “relevant case

law in the Eighth Amendment context also serves to set forth the

contours of the due process rights of the civilly committed,” and

that when a conditions-of-confinement violation occurs under the

Eighth Amendment, the same conditions would “undoubtedly

violate the higher standard owed to civil committees under the

Fourteenth Amendment.” Id. (citation modified).

We have explicitly noted that courts should apply the

professional judgment standard when analyzing a civilly

committed detainee’s Fourteenth Amendment claim, rather than

the deliberate-indifference standard. See Rodgers v. Horsley, 39 F.3d

308, 311 n.3 (11th Cir. 1994). Specifically, in Rodgers v. Horsley, the

defendants appealed the district court’s denial of their motion for

summary judgment on a § 1983 claim of an involuntarily civilly

committed individual, who claimed that she was not provided with

“adequate security” at the institution where she was raped. 39 F.3d

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at 309-10. Most of the opinion deals with the defendants’ qualified

immunity defense, noting that while Romeo clearly establishes “that

an involuntarily committed patient has a constitutionally protected

right to reasonably safe conditions of confinement[,] . . . for

purposes of qualified immunity analysis this right is far too

general.” Id. at 311. Nevertheless, we noted that “the deferential

‘professional judgment’ standard” was the proper standard to apply

to the civil detainee, citing Third and Tenth Circuit cases which

distinguished that the “professional judgment standard rather than

the Eighth Amendment deliberate indifference standard” should be

used. Id. at 311 n.3 (quoting Romeo, 457 U.S. at 321-22).

The Eighth Amendment governs the conditions under

which prisoners are confined and the treatment that they receive

in prison. Farmer v. Brennan, 511 U.S. 825, 832 (1994). Accordingly,

the Eighth Amendment imposes duties on prison officials, who

“must ensure that inmates receive adequate food, clothing, shelter,

and medical care.” Id. “[D]eliberate indifference to serious medical

needs of prisoners constitutes the unnecessary and wanton

infliction of pain, proscribed by the Eighth Amendment.” Estelle v.

Gamble, 429 U.S. 97, 104 (1976) (citation modified). To establish a

claim of deliberate indifference, a plaintiff must first, as a threshold

matter, show that he suffered an “objectively, sufficiently serious”

deprivation. Wade v. McDade, 106 F.4th 1251, 1262 (11th Cir. 2024)

(en banc) (citation modified). The objective showing requires a

demonstration of “a substantial risk of serious harm” to the

plaintiff. Swain v. Junior, 961 F.3d 1276, 1285 (11th Cir. 2020)

(citation modified) (addressing pretrial detainees’ Fourteenth

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Amendment claims via the same test as Eighth Amendment

claims). Second, the plaintiff must show “that the defendant acted

with subjective recklessness as used in the criminal law,” showing

“that the defendant was actually, subjectively aware that his own

conduct caused a substantial risk of serious harm to the plaintiff.”

Wade, 106 F.4th at 1262 (citation modified). If the defendant

actually knew about a substantial risk to the inmate, he did not act

with deliberate indifference if he reasonably responded to that risk.

Id.

Here, under both the professional judgment standard,

advocated by Hall, and the deliberate indifference standard, applied

by the district court, Hall failed to create a genuine issue of material

fact that would make the grant of summary judgment to the nurses

improper because his evidence did not refute that the delay in his

treatment was caused by the availability of the medical specialists.

Applying the professional judgment standard, first, the

nurses’ legitimate reason for the delay in Hall’s cystoscopy was the

availability of the outside urology specialist. Bilal, 981 F.3d at 912.

Next, Hall failed to properly allege how the nurses’ actions

departed from accepted professional judgment beyond

conclusively stating that they purposely delayed his cystoscopy.

Bilal, 981 F.3d at 912. Nor did the nurses fall below sound

professional judgment because Hall’s evidence shows that the

nurses responded to his sick call requests and grievances and issued

him medication, and the nurses provided evidence that FCCC

placed an order for his cystoscopy. Bilal, 981 F.3d at 912.

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Moreover, the district court did not weigh the nurses’ evidence

more favorably than Hall’s evidence because he did not provide

any evidence that the nurses purposely delayed his cystoscopy

appointment. Bilal, 981 F.3d at 912.

Furthermore, the district court did not err in granting the

nurses summary judgment based on its deliberate-indifference

analysis. Wade, 106 F.4th at 1262. With respect to the objective

element of deliberate indifference, there is no genuine issue of

material fact about whether there is an objective showing of “a

substantial risk of serious harm” because the parties agree that Hall

needed a cystoscopy, and the nurses do not dispute that Hall

experienced urinary discomfort while he waited for his cystoscopy.

Wade, 106 F.4th at 1262; Swain, 961 F.3d at 1285; Reeves, 530 U.S. at

150. As noted by the district court, with respect to the subjective

element of deliberate indifference, Hall did not establish a genuine

issue of material fact because his evidence did not refute the fact

that the delay in his appointment occurred because the doctor did

not consider his cystoscopy to be considered an emergency, FCCC

prioritized appointments for residents with emergency needs, and

the urologists had limited availability. Wade, 106 F.4th at 1262.

While Hall proved that he placed the nurses on notice of his urinary

discomfort, the nurses did not act with deliberate indifference

because they issued him medication and followed up with the

urologists. Wade, 106 F.4th at 1262. Thus, we affirm the district

court on this issue.

B. Disposal of Used Catheters

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In Bilal, as stated, we evaluated the civilly committed

plaintiff’s claims regarding the conditions he was subjected to

during transport for whether any of those conditions were

“inconsistent with professional judgment” according to a civilly

committed person’s Fourteenth Amendment due-process interest

in “reasonably safe conditions.” 981 F.3d at 912, 916. When

addressing Bilal’s claim that he was forced to sit in his own

excrement for 300 miles, we relied on analogous caselaw in the

Eighth Amendment conditions-of-confinement context. Id. at 914-

15. Because caselaw established that refusing to allow a prisoner

to use the bathroom for an extended period violated the Eighth

Amendment, Bilal, who was civilly committed and thus entitled to

“more considerate . . . conditions of confinement,” stated a claim

for a violation of his Fourteenth Amendment due-process interest

in reasonably safe conditions. Id. at 916 (quoting Romeo, 457 U.S.

at 322).

Under the Eighth Amendment, to prevail on a conditions-

of-confinement claim, the prisoner must prove: (1) objectively,

whether the deprivation is sufficiently serious to constitute a denial

of the minimal civilized measure of life’s necessities; and (2)

subjectively, whether the prison officials had a culpable state of

mind. Thomas v. Bryant, 614 F.3d 1288, 1304 (11th Cir. 2010).

When analyzing the objective prong, we weigh evolving standards

of decency against officials’ need to keep the facility safe. Id. at

1307. The subjective showing requires that the defendant had

subjective knowledge of a risk of harm and disregarded that risk by

conduct that was more than negligent. Id. at 1312.

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Here, under both the professional judgment standard,

advocated by Hall, and the deliberate indifference standard, applied

by the district court, Hall failed to create a genuine issue of material

fact that would make the grant of summary judgment to the nurses

improper on the conditions-of-confinement claims because it is

undisputed that the nurses provided Hall with an opportunity to

dispose of his used catheters.

First, applying the professional judgment standard, there is

a genuine dispute about whether the nurses had a legitimate reason

to prohibit Hall from disposing of his used catheters in the medical

office because Hall’s affidavit states that the biohazard team did not

pick up his used catheters, that he did not visit the medical office

after 5:00 p.m., and that he got staff’s permission to visit the office.

Though the nurses provided evidence that Herbert (the medical

supervisor) did not give Hall permission to visit the medical office,

Hall’s sworn statements contradict that, and the nurses did not

provide evidence that blatantly contradicted Hall’s statements that

he had permission from staff more generally. Reeves, 530 U.S. at

150; Harris, 550 U.S. at 380; Stein, 881 F.3d at 858-59. However,

Hall failed to demonstrate that there was a genuine dispute about

whether the nurses’ actions departed from accepted professional

judgment because the nurses told him that he could request for

catheter supplies to be picked up and dropped off. Bilal, 981 F.3d

at 912. Nor did the nurses fall below sound professional judgment

because Hall’s evidence shows that he used a sick call request to

get more catheter supplies, so the nurses gave him an adequate

avenue to dispose of his catheters. Bilal, 981 F.3d at 912.

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14 Opinion of the Court 25-11193

Second, applying the deliberate indifference standard, the

district court erred in finding that Hall did not establish a genuine

issue of material fact about whether the disposal of his catheters

created a substantial risk of harm. In his affidavit, Hall stated that

the biohazard team did not pick up his used catheters, that he had

to store them under his bed, and that they were overflowing with

blood. Bryant, 614 F.3d at 1304. The nurses did not provide

evidence that blatantly contradicted Hall’s statements, thus the

district court should have viewed the evidence as Hall presented it.

Reeves, 530 U.S. at 150; Harris, 550 U.S. at 380; Stein, 881 F.3d at 858-

59. Moreover, there is a dispute about whether the nurses had a

sufficient reason to keep the medical office safe because Hall’s

affidavit stated that he did not go to the medical office after 5:00

p.m. and that he always got permission from staff. Bryant, 614 F.3d

at 1307.

With respect to the subjective element, however, the district

court properly found that Hall did not establish a genuine issue of

material fact because the nurses reasonably responded to the risk

of Hall’s catheter disposal by telling him that he could request for

catheter supplies to be picked up and dropped off. Wade, 106 F.4th

at 1262. Hall knew he could request additional assistance because

he submitted a request for new catheter supplies, and it was

fulfilled. Accordingly, the district court properly granted the

nurses’ motion for summary judgment because there was not a

genuine issue of material fact with respect to the subjective

element of Hall’s conditions of confinement claim.

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C. Gardiner’s Incident Report

Under the First Amendment, a prison official may not

retaliate against an inmate for exercising the right of free speech.

Farrow v. West, 320 F.3d 1235, 1248 (11th Cir. 2003); see U.S. Const.

amend. I. An inmate may maintain a cause of action against prison

administrators who retaliate against him for making complaints.

Farrow, 320 F.3d at 1248. To prevail, the inmate must establish the

following elements: (1) his speech was constitutionally protected;

(2) the inmate suffered an adverse action, such that the

administrator’s allegedly retaliatory conduct would likely deter a

person of ordinary firmness from engaging in such speech; and (3)

there was a causal relationship between the retaliatory action and

the protected speech. See Bennett v. Hendrix, 423 F.3d 1247, 1250,

1254 (11th Cir. 2005).

We have recognized that a detainee’s filing of grievances

towards his place of confinement is protected speech. See Smith v.

Mosley, 532 F.3d 1270, 1276 (11th Cir. 2008). If an adverse

action―such as a dorm transfer―is taken by the facility against

the detainee in relation to protected speech, we must determine

whether a reasonable fact finder would have found that the facility

would have transferred the resident even in the absence of

protected conduct. Id. at 1278-79. If the facility would have taken

the same action regardless of the protected activity, it is entitled to

summary judgment. See id. at 1278. A prisoner cannot maintain a

retaliation claim when he is convicted of the actual behavioral

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16 Opinion of the Court 25-11193

violation underlying the alleged retaliatory false disciplinary report

and there is evidence to sustain the conviction. O’Bryant v. Finch,

637 F.3d 1207, 1215 (11th Cir. 2011).

Here, Gardiner filed an incident report against Hall for the

rule violation of going to the medical office without permission.

After being afforded due process in the prison setting, Hall was

found guilty of the disciplinary violation. Moreover, both Hall’s

evidence and that of the nurses demonstrate that Hall did not have

the permission he asserted; thus, the evidence demonstrates that

Hall’s non-speech-related behavior caused Gardiner’s incident

report, not Hall’s prior grievances. Accordingly, Hall’s retaliation

claim is foreclosed. Id. at 1215-16.

For the foregoing reasons, the judgment of the district court

is

AFFIRMED.

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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