Opinion

BRUCE A. BAZZETT v. JIMMY ROBERTS

Court
District Court, N.D. Florida
Filed
Feb 18, 2026
Cited by
0 cases
Authority
More cited than 39.3%

The opinion

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

BRUCE A. BAZZETT,

Plaintiff,

v. Case No. 5:25-cv-115-TKW-MJF

JIMMY ROBERTS,

Defendant.

/

REPORT AND RECOMMENDATION

Plaintiff, a prisoner proceeding pro se, brings this section 1983

action against an employee of the City of Blountstown, Jimmy Roberts.

Plaintiff asserts that Roberts violated the Eighth Amendment when he

instructed Plaintiff to mow grass on a steep slope with a defective mower.

Because Plaintiff’s complaint fails to state a plausible Eighth-

Amendment claim, the District Court should dismiss this civil action.

BACKGROUND

This civil action stems from an injury that Plaintiff suffered while

performing his prison work assignment.

In his original complaint, Plaintiff named two Defendants: the city

of Blountstown and one of its employees, Jimmy Roberts, in his official

capacity. Doc. 1. The undersigned conducted the statutorily-required

screening of the complaint. Because Plaintiff had failed to state an

official-capacity claim, the undersigned advised Plaintiff of the pleading

deficiencies and afforded Plaintiff an opportunity to file an amended

complaint. Doc. 7.

Plaintiff filed his first amended complaint. Doc. 8. Plaintiff named

only Jimmy Roberts as a Defendant. Plaintiff asserts only an official-

capacity, Eighth-Amendment claim against Roberts. Id. at 2. In support

of his claim, Plaintiff alleges that on April 2, 2025, Plaintiff was assigned

to an off-site prison work assignment that entailed mowing the grass

along the roads in Blountstown, Florida. Id. ¶¶ 3, 6. Defendant ordered

Plaintiff to mow the grass on a hill behind a guardrail. Although Plaintiff

twice expressed concern about mowing on the slope.1 But Defendant

responded that it had been done before and ordered Plaintiff to continue

working. Id. ¶¶ 8–10.

While Plaintiff was mowing, the mower slid down the hill. Id. ¶ 11.

Plaintiff attempted to stop the mower’s descent by applying the parking

brake, but the parking brake was broken. Id. Plaintiff’s foot became stuck

1 Plaintiff does not elaborate what precisely he told Defendant.

between a wheel and the cutting deck of the mower. Id. ¶ 13. The mower

dragged Plaintiff down the hill. As a result, Plaintiff’s leg fractured in

three places. Id. ¶¶ 14, 22.

Plaintiff asserts that Defendant was deliberately indifferent to

Plaintiff’s safety by requiring Plaintiff to mow the steep hill with a

defective mower. Doc. 8 at 11. Plaintiff requests $75,000 in compensatory

damages and $25,000 in punitive damages. Id.

STANDARD

The District Court is required to review Plaintiff’s complaint,

identify cognizable claims and dismiss the complaint, or any portion

thereof, if the complaint “(1) is frivolous, malicious, or fails to state a

claim upon which relief may be granted; or (2) seeks monetary relief from

a defendant who is immune from such relief.” 28 U.S.C. § 1915A(a)-(b);

see also 28 U.S.C. § 1915(e)(2)(B) (applying the same standard to in forma

pauperis proceedings). Determining whether a complaint states a claim

upon which relief can be granted is governed by the standard set forth in

Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P.

12(b)(6); Mitchell v. Farcass, 112 F.3d 1483, 1485 (11th Cir. 1997). To

survive dismissal, “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) (quoting Bell Atlantic Corp. v.

Twombly, 550 U.S. 544, 570 (2007)).

DISCUSSION

Plaintiff asserts only an official-capacity claim against Defendant.

While an individual-capacity suit “seeks to impose personal liability upon

a government official for actions he takes under color of state law,” official

capacity suits “generally represent only another way of pleading an

action against an entity of which an officer is an agent.” Kentucky v.

Graham, 473 U.S. 159, 165–66 (1985) (quoting Monell v. New York City

Dept. of Social Servs., 436 U.S. 658, 690 n.55 (1978)); Busby v. City of

Orlando, 931 F.2d 764, 776 (11th Cir. 1991). Thus, in a section 1983

action “a claim against a defendant in his official capacity is the same as

a claim against his employer.” Christman v. Saint Lucie Cnty. Fla., 509

F. App’x 878, 879 (11th Cir. 2013) (citing McMillian v. Monroe Cnty., Ala.,

520 U.S. 781, 785 n.2 (1997)). Here, Plaintiff alleges that Defendant is an

employee of the city of Blountstown, Florida. Thus, Plaintiff’s claim

against Defendant in his official capacity essentially is a claim against

the city of Blountstown.

“Prison work environments which compel inmates to perform

physical labor which is beyond their strength, endangers their lives, or

causes undue pain constitute cruel and unusual punishment.” Howard v.

King, 707 F.3d 215, 220 (5th Cir. 1983). To state a claim for deliberate

indifference to a substantial risk of serious harm, a plaintiff must allege

(1) a substantial risk of serious harm; (2) the defendant’s deliberate

indifference to that risk; and (3) causation. Hale v. Tallapoosa Cnty., 50

F.3d 1579, 1582 (11 Cir. 1995). A governmental entity, however, “is liable

under § 1983 only when the entity itself is a ‘moving force’ behind the

deprivation . . . ; thus, in an official capacity suit the entity's ‘policy or

custom’ must have played a part in the violation of federal law.” Graham,

473 U.S. at 166 (citations omitted). In other words, to establish liability

against a state actor in his official capacity, a plaintiff must allege that:

(1) the plaintiff’s constitutional right was violated; (2) there was a custom

or policy that constituted deliberate indifference to that constitutional

right; and (3) the policy or custom caused the violation of the plaintiff’s

right. Monell, 436 U.S. at 694–95; McDowell v. Brown, 392 F.3d 1283,

1289 (11th Cir. 2004).

A policy is “a decision that is officially adopted by the municipality,

or created by an official of such rank that he or she could be said to be

acting on behalf of the municipality.” Sewell v. Town of Lake Hamilton,

117 F.3d 488, 489 (11th Cir. 1997). A plaintiff also may allege that that

a constitutional violation was caused by a custom, which is a “practice

that is so settled and permanent that it takes on the force of law” or is a

“persistent and wide-spread practice.” Id. “A single incident would not be

so pervasive as to be a custom or practice.” Grech v. Clayton Cnty., 335

F.3d 1326, 1330 n.6 (11th Cir. 2003).

Plaintiff fails to state a plausible claim because he fails to allege

that a custom or policy caused the Constitutional violation. Plaintiff fails

to allege any fact that would support an inference that the city of

Blountstown officially adopted a policy of requiring prisoners to perform

physical labor that endangers their lives or causes undue pain. Similarly,

Plaintiff fails to allege that Blountstown had a longstanding and

widespread practice of requiring prisoners to perform physical labor that

endangers their lives or causes undue pain. Rather, Plaintiff alleges that

on one occasion, he suffered an injury because his supervisor failed to

perceive a risk. This is insufficient to state an Eighth-Amendment claim.

CONCLUSION

Because Plaintiff fails to state a plausible claim for relief despite

the undersigned affording Plaintiff an opportunity to amend his

complaint, the undersigned respectfully RECOMMENDS that the

District Court:

1. DISMISS pursuant to 28 U.S.C. §§ 1915A and 1915 this civil

action.

2. DIRECT the clerk of the court to close the case file.

At Pensacola, Florida on February 18, 2026.

/s/ Michael J. Frank

Michael J. Frank

United States Magistrate Judge

NOTICE TO THE PARTIES

The District Court referred this case to a magistrate

judge to make recommendations regarding dispositive

matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. §

636(b). Objections to these proposed findings and

recommendations must be filed within fourteen days of

the date of the report and recommendation. A party

who fails to object to the magistrate judge’s findings or

recommendations contained in an R&R waives the

right to challenge on appeal the District Court’s order

based on unobjected-to conclusions. See 11th Cir. Rule

3-1; 28 U.S.C. § 636.

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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