# Sean T. Wright v. 15th District Palm Beach County State Attorney's Office

> Court of Appeals for the Eleventh Circuit · April 1, 2026

URL: https://www.frixlaw.com/law-library/cases/11298705

## Case

- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** April 1, 2026
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Nature of suit:** NEW
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

USCA11 Case: 25-12737 Document: 27-1 Date Filed: 04/01/2026 Page: 1 of 18

NOT FOR PUBLICATION

In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-12737
Non-Argument Calendar
____________________

SEAN T. WRIGHT,
as individual,
Plaintiff-Appellant,
versus

15TH DISTRICT PALM BEACH COUNTY STATE
ATTORNEY'S OFFICE,
PALM BEACH COUNTY SHERIFF'S OFFICE,
State Government Entities,
FRANK DI ORSINI,
PBSO Sherriff, Official and Individual Capacity,
SHERIFF OF PALM BEACH COUNTY,
Defendants-Appellees.
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2 Opinion of the Court 25-12737
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 9:24-cv-81145-AMC
____________________

Before JORDAN, KIDD, and ANDERSON, Circuit Judges.
PER CURIAM:
Sean T. Wright, proceeding pro se, appeals the district
court’s orders dismissing his claims under 42 U.S.C. § 1983 against
the 15th District Palm Beach County State Attorney’s Office (“State
Attorney’s Office”), dismissing his amended complaint against the
Palm Beach County Sheriff’s Office (“PBSO”) and Deputy Frank Di
Orsini, and denying his motion for a temporary restraining order
(“TRO”) against Di Orsini. First, he argues that the district court
erred in concluding that his claims against the State Attorney’s Of-
fice were barred by Eleventh Amendment immunity. Second, he
argues that the district court erred in dismissing his amended com-
plaint because he complied with the court’s instructions and pro se
form in amending his complaint, he had Article III standing to pur-
sue his claims, the district court failed to hold an evidentiary hear-
ing, and the district court misapplied various legal standards.
Third, he argues that the district court erred in denying his motion
for a TRO against Di Orsini and in failing to hold an evidentiary
hearing on the motion.
Because we write only for the parties who are already famil-
iar with the facts, we set out only such facts as are relevant to the
legal issues.
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25-12737 Opinion of the Court 3

I. DISCUSSION
A. Eleventh Amendment Immunity
We review de novo whether a party is entitled to Eleventh
Amendment immunity. Barnes v. Zaccari, 669 F.3d 1295, 1302 (11th
Cir. 2012). “We review de novo the grant of a Rule 12(b)(6) motion
to dismiss for failure to state a claim,” accepting “a complaint’s
well-pleaded allegations as true and draw[ing] all reasonable infer-
ences in the plaintiff’s favor.” Huggins v. Sch. Dist. of Manatee Cnty.,
151 F.4th 1268, 1277 (11th Cir. 2025).
“A pro se pleading is held to a less stringent standard than a
pleading drafted by an attorney and is liberally construed.” Wald-
man v. Conway, 871 F.3d 1283, 1289 (11th Cir. 2017). Nonetheless,
“a pro se pleading must still suggest that there is at least some factual
support for a claim,” id., and “we cannot act as de facto counsel or
rewrite an otherwise deficient pleading to sustain an action,” Bilal
v. Geo Care, LLC, 981 F.3d 903, 911 (11th Cir. 2020).
“An amended complaint supersedes and replaces the origi-
nal complaint.” Reynolds v. Behrman Cap. IV L.P., 988 F.3d 1314,
1319 (11th Cir. 2021). However, where a district court dismisses a
claim and repleading that claim in an amended complaint would
be “futile,” the plaintiff may omit the claim from the amended
complaint without waiving the right to challenge its dismissal on
appeal. Id.
The Eleventh Amendment provides that “[t]he Judicial
power of the United States shall not be construed to extend to any
suit in law or equity, commenced or prosecuted against one of the
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4 Opinion of the Court 25-12737

United States by Citizens of another State, or by Citizens or Sub-
jects of any Foreign State.” U.S. Const. amend. XI. Under the Elev-
enth Amendment, “an unconsenting State is immune from suits
brought in federal courts by her own citizens as well as by citizens
of another state.” Pennhurst State Sch. & Hosp. v. Halderman, 465
U.S. 89, 100 (1984) (quotation marks omitted). This immunity ex-
tends to state agencies and to “arm[s] of the State,” but it “does not
extend to independent entities, such as counties or municipalities.”
Miccosukee Tribe of Indians of Fla. v. Fla. State Athletic Comm’n, 226
F.3d 1226, 1231 (11th Cir. 2000); Manders v. Lee, 338 F.3d 1304, 1308
(11th Cir. 2003) (en banc).
In determining whether an entity is an arm of the state, the
Supreme Court has instructed courts to focus on (1) whether the
State structured the entity as part of itself or as legally independent,
(2) whether the entity is liable for its own judgments or whether
the State is formally liable, and (3) the degree of control the State
exerts over the entity, though courts should consult this final factor
with “caution” because “ultimate control of every state-created en-
tity resides with the State.” Galette v. N.J. Transit Corp., No. 24-1021,
slip op. at 10, 12 (U.S. Mar. 4, 2026) (quotation marks omitted); see
also Manders, 338 F.3d at 1309 (defining four factors relevant to as-
sessing whether an entity is acting as an arm-of-the-state: “(1) how
state law defines the entity; (2) what degree of control the State
maintains over the entity; (3) where the entity derives its funds; and
(4) who is responsible for judgments against the entity”).
“Whether a defendant is an ‘arm of the State’ must be assessed in
light of the particular function in which the defendant was engaged
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25-12737 Opinion of the Court 5

when taking the actions out of which liability is asserted to arise.”
Manders, 338 F.3d at 1308.
In Florida, state attorneys are elected in each judicial circuit,
Fla. Stat. § 27.01, and each state attorney is required to “appear in
the circuit and county court within his or her judicial circuit and
prosecute or defend on behalf of the state all suits, applications, or
motions, civil or criminal, in which the state is a party,” subject to
certain exceptions, Fla. Stat. § 27.02(1). While Florida has expressly
waived its immunity under Fla. Stat. 768.28 for lawsuits raising tra-
ditional tort claims, it has not consented to suit in federal court
based on “constitutional torts” under § 1983. Gamble v. Fla. Dep’t of
Health & Rehab. Servs., 779 F.2d 1509, 1514–15 (11th Cir. 1986).
In Ex parte Young, 209 U.S. 123 (1908), the Supreme Court
recognized an exception to Eleventh Amendment “for suits against
state officers seeking prospective equitable relief to end continuing
violations of federal law.” Summit Med. Assocs., P.C. v. Pryor, 180
F.3d 1326, 1336 (11th Cir. 1999). The Ex parte Young exception ap-
plies to actions against state officials rather than “States or their
agencies, which retain their immunity against all suits in federal
court.” Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc.,
506 U.S. 139, 146 (1993).
Prosecutors also enjoy absolute immunity from a civil suit
for damages under § 1983 for activities that are intimately associ-
ated with the judicial phase of the criminal process. Imbler v. Pacht-
man, 424 U.S. 409, 431 (1976). This “includes actions preliminary
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6 Opinion of the Court 25-12737

to the initiation of a prosecution and actions apart from the court-
room,” and it extends to a prosecutor’s “out-of-court effort to con-
trol the presentation of a witness’ testimony.” Mikko v. City of At-
lanta, 857 F.3d 1136, 1142 (11th Cir. 2017) (quotation marks omit-
ted). It does not extend to actions that are not taken in a prosecu-
tor’s role as an advocate. Id.
Section 1983 imposes liability on “[e]very person who, under
color of any statute, ordinance, regulation, custom, or usage, of any
State . . . , subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the
Constitution and laws.” 42 U.S.C. § 1983. Section 1983 does not
override a State’s Eleventh Amendment immunity. Will v. Michi-
gan Dep’t of State Police, 491 U.S. 58, 63 (1989). Additionally,
“[r]espondeat superior or vicarious liability will not attach under
§ 1983.” City of Canton v. Harris, 489 U.S. 378, 385 (1989).
Here, as an initial matter, Wright did not waive his right to
appeal the district court’s dismissal of his claims against the State
Attorney’s Office by filing an amended complaint that omitted
these claims. Reynolds, 988 F.3d at 1319. Once the district court
found that the State Attorney’s Office was entitled to Eleventh
Amendment immunity and instructed Wright that “[a]ny future
pleading shall not name the [State Attorney’s Office] as a Defend-
ant,” Wright’s inclusion of these claims in an amended complaint
would have been “futile.” Consequently, Wright was not required
to include these claims in his amended complaint to preserve a
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25-12737 Opinion of the Court 7

challenge to the district court’s Eleventh Amendment immunity
findings on appeal. Id. at 1319.
The State Attorney’s Office was acting as an arm of the State
of Florida in carrying out the functions described in Wright’s com-
plaint—including, e.g., prosecuting a case on behalf of the State
against Darius, Wright’s neighbor, and issuing subpoenas to
Wright. Manders, 338 F.3d at 1308–09; Galette, No. 24-1021, slip op.
at 10, 12; Fla. Stat. § 27.02(1). Because Florida has not waived its
immunity for § 1983 claims, Wright’s claims against the State At-
torney’s Office were barred by the Eleventh Amendment. See Gam-
ble, 779 F.2d at 1514–15. Moreover, to the extent that Wright
sought prospective injunctive relief against the State Attorney’s Of-
fice (even though his complaint only requested such relief against
PBSO and Di Orsini), his claims would not fall under the Ex parte
Young exception because he sued the State Attorney’s Office itself
rather than a state official, see Puerto Rico Aqueduct & Sewer Auth.,
506 U.S. at 146.
Moreover, to the extent that Wright’s claims against the
State Attorney’s Office were based solely on the actions of employ-
ees (e.g., stealing mail from his mailbox or harassing him), they fail
for an independent reason: the State Attorney’s Office could not be
held vicariously liable for the conduct of employees under § 1983.
City of Canton, 489 U.S. at 385. Lastly, because the State Attorney’s
Office was entitled to Eleventh Amendment immunity, Wright’s
arguments regarding qualified immunity and prosecutorial im-
munity are immaterial.
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8 Opinion of the Court 25-12737

For these reasons, the district court did not err in dismissing
Wright’s complaints against the State Attorney’s Office based on
Eleventh Amendment immunity.

B. Dismissal Based on Standing
“Article III standing is a threshold jurisdictional question
that we review de novo.” Mack v. USAA Cas. Ins. Co., 994 F.3d 1353,
1356 (11th Cir. 2021) (quotation marks omitted).
Article III of the Constitution limits federal courts to adjudi-
cating “Cases” and “Controversies.” U.S. Const. art. III, § 2; Mack,
994 F.3d at 1356. “To determine whether a dispute satisfies Article
III’s case-or-controversy requirement, courts have established
three justiciability doctrines, [p]erhaps the most important of
which is the standing doctrine.” Mack, 994 F.3d at 1356 (alteration
in original) (quotation marks omitted). “[T]he irreducible consti-
tutional minimum of standing contains three elements.” Lujan v.
Defs. of Wildlife, 504 U.S. 555, 560 (1992). “The plaintiff must have
(1) suffered an injury in fact, (2) that is fairly traceable to the chal-
lenged conduct of the defendant, and (3) that is likely to be re-
dressed by a favorable judicial decision.” Spokeo, Inc. v. Robins, 578
U.S. 330, 338 (2016). An injury in fact requires the “invasion of a
legally protected interest” that is “concrete and particularized” and
“actual or imminent, not conjectural or hypothetical.” Lujan, 504
U.S. at 560 (quotation marks omitted). “Absent exceptional cir-
cumstances, a third party does not have standing to challenge in-
jury to another party.” Miccosukee, 226 F.3d at 1230.
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25-12737 Opinion of the Court 9

Here, the district court did not err in dismissing several of
Wright’s claims for lack of standing. As to Count One, Wright did
not clearly allege how he was injured by a state judge’s and assis-
tant state attorney’s failure to request his video evidence in a pros-
ecution against his neighbor, and Wright therefore lacked Article
III standing as to this portion of his claim. Lujan, 504 U.S. at 560;
Miccosukee, 226 F.3d at 1230. Additionally, to the extent that
Wright may have been injured by wrongfully issued subpoenas, he
failed to allege facts showing how these subpoenas were “fairly
traceable to the challenged conduct of” the named defendant—spe-
cifically, PBSO. Spokeo, 578 U.S. at 338. The plain terms of
Wright’s amended complaint alleged that the state judge and assis-
tant state attorney, rather than PBSO, were responsible for issuing
the subpoenas. Thus, the district court correctly determined that
Wright lacked Article III standing as to Count One and properly
dismissed it without prejudice. See Spokeo, 578 U.S. at 338; McGee,
727 F.3d at 1326. Regarding Count Four, Wright failed to allege
how he was injured by the filing of a fraudulent affidavit in a pros-
ecution against his neighbor, and the district court therefore
properly dismissed this claim for lack of Article III standing. Lujan,
504 U.S. at 560; Miccosukee, 226 F.3d at 1230. Wright also failed to
allege facts showing that he was injured by Di Orsini’s evidence
tampering in the criminal case against Darius for the purposes of
Article III standing. Lujan, 504 U.S. at 560; Miccosukee, 226 F.3d at
1230.
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C. Dismissal for Failure to State a Claim
To survive a Rule 12(b)(6) motion to dismiss, a complaint
must allege “enough facts to state a claim to relief that is plausible
on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).
Mere legal conclusions “are not entitled to the assumption of
truth”; instead, “they must be supported by factual allegations.”
Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).
Generally, “[a] court’s review on a motion to dismiss is lim-
ited to the four corners of the complaint,” Wilchombe v. TeeVee
Toons, Inc., 555 F.3d 949, 959 (11th Cir. 2009) (quotation marks
omitted), along with any exhibits attached to it, Baker v. City of Mad-
ison, 67 F.4th 1268, 1276 (11th Cir. 2023). A court may also consider
materials that are incorporated by reference into the complaint,
which requires that the document be referenced in the complaint,
that it be central to the plaintiff’s claim, and that its contents be
undisputed. Id. Video footage may be incorporated by reference
into a complaint. See id. at 1277. A motion to dismiss for failure to
state a claim “always presents a purely legal question; there are no
issues of fact because the allegations contained in the pleading are
presumed to be true.” Chudasama v. Mazda Motor Corp., 123 F.3d
1353, 1367 (11th Cir. 1997).
While “municipalities and other local governmental bodies
are ‘persons’ within the meaning of § 1983,” Board of County Com-
missioners of Bryan County v. Brown, 520 U.S. 397, 403 (1997), § 1983
does not authorize vicarious liability against a municipality or local
government body, Smothers v. Childers, 159 F.4th 922, 930 (11th Cir.
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2025). Instead, to hold a local government liable under § 1983, a
plaintiff must establish that his rights were violated pursuant to a
“custom” or “policy” of the local government. Monell v. Dep’t of
Soc. Servs., 436 U.S. 658, 694 (1978). A plaintiff may alternatively
show that “a municipal official with final policy-making authority
in the area of the act or decision ma[de] the challenged act or deci-
sion.” Smothers, 159 F.4th at 930–31(quotation marks omitted). A
local government may also be held liable under § 1983 for the in-
adequate training of its employees “where the failure to train
amounts to deliberate indifference to the rights of persons with
whom the police come into contact.” Canton, 489 U.S. at 388. A
suit against a county sheriff in his or her official capacity is in effect
a claim against the county itself. Barnett v. MacArthur, 956 F.3d
1291, 1296 (11th Cir. 2020).
To succeed on a custom or policy theory against a local gov-
ernment, “a plaintiff must show: (1) that his constitutional rights
were violated; (2) that the municipality had a custom or policy that
constituted deliberate indifference to that constitutional right; and
(3) that the policy or custom caused the violation.” McDowell v.
Brown, 392 F.3d 1283, 1289 (11th Cir. 2004). Furthermore, “[f]or a
custom or policy theory to be actionable, the custom or policy
must be so well-settled and pervasive that it assumes the force of
law; it must be persistent and widespread, so the county had either
actual or constructive knowledge of it.” Smothers, 159 F.4th at 931.
“Normally[,] random acts or isolated incidents are insufficient to
establish a custom or policy.” Depew v. City of St. Marys, 787 F.2d
1496, 1499 (11th Cir. 1986).
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12 Opinion of the Court 25-12737

There is “no general right, based upon either the Constitu-
tion or federal statutes, to the provision of medical treatment and
services by a state or municipality.” Wideman v. Shallowford Cmty.
Hosp., Inc., 826 F.2d 1030, 1032 (11th Cir. 1987). However, the ex-
istence of a custodial relationship or other special relationship be-
tween an individual and a government may trigger a constitutional
duty of the government to provide medical services. Id. at 1034.
Custodial relationships arise from incarceration “or other forms of
involuntary confinement through which the government deprives
individuals of their liberty and thus of their ability to take care of
themselves.” White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999).
In the non-custodial setting, we have suggested that it might
be possible for an official’s deliberate indifference to constitute a
substantive due process violation, but only where “the act can be
characterized as arbitrary or conscience shocking in a constitu-
tional sense.” Waddell v. Hendry Cnty. Sheriff’s Off., 329 F.3d 1300,
1305 (11th Cir. 2003); see Waldron v. Spicher, 954 F.3d 1297, 1310
(11th Cir. 2020). But see L.S. ex rel. Hernandez v. Peterson, 982 F.3d
1323, 1330 (11th Cir. 2020) (“We doubt that deliberate indifference
can ever be ‘arbitrary’ or ‘conscience shocking’ in a non-custodial
setting.”). Such a claim would require a showing, “at the very least,
. . . of deliberate indifference to an extremely great risk of serious
injury to someone in Plaintiffs’ position.” Waddell, 329 F.3d at
1306.
Qualified immunity protects officers engaged in discretion-
ary functions from civil liability under § 1983 if the officer’s actions
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25-12737 Opinion of the Court 13

do “not violate clearly established statutory or constitutional rights
of which a reasonable person would have known.” Perez v.
Suszczynski, 809 F.3d 1213, 1218 (11th Cir. 2016) (quotation marks
omitted). An officer raising a defense of qualified immunity must
show that he or she acted within the scope of his or her discretion-
ary authority, such that the officer acted in accordance with his or
her job-related duties and within the scope of his or her authority.
Huggins, 151 F.4th at 1278. If the officer meets this burden, the
burden shifts to the plaintiff to show that the officer (1) violated a
statutory or constitutional right that was (2) clearly established at
the time of the alleged misconduct. Id. at 1278.
“The Fourth Amendment, which prohibits unreasonable
searches and seizures by the government, is not implicated by en-
try upon private land to knock on a citizen’s door for legitimate
police purposes unconnected with a search of the premises.”
United States v. Taylor, 458 F.3d 1201, 1204 (11th Cir. 2006). Addi-
tionally, “[p]roperty interests . . . are not created by the Constitu-
tion” and are instead created and defined “by existing rules or un-
derstandings that stem from an independent source such as state
law.” The Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577
(1972). A plaintiff may not ground a substantive due process claim
merely in the denial of a state-defined property right. See Greenbriar
Vill., L.L.C. v. Mountain Brook, City, 345 F.3d 1258, 1262 (11th Cir.
2003).
A pro se plaintiff “must be given at least one chance to
amend [his] complaint before the district court dismisses the action
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14 Opinion of the Court 25-12737

with prejudice” unless the plaintiff does not wish to do so or allow-
ing him to do so would be “futile.” Silberman v. Miami Dade Transit,
927 F.3d 1123, 1132–33 (11th Cir. 2019) (quotation marks omitted).
“Typically, where standing is lacking, a court must dismiss the
plaintiff’s claim without prejudice.” McGee v. Solic. Gen. of Richmond
Cnty., 727 F.3d 1322, 1326 (11th Cir. 2013).
The district court did not err when it dismissed Wright’s
complaint for failure to state a claim. In Count Two, Wright’s al-
legations that PBSO Deputy Coleman threatened him and
“force[d] [him] to give a statement” even after he told Deputy Cole-
man he was injured may have been sufficient to show a custodial
relationship for the purposes of a Fourteenth Amendment deliber-
ate-indifference claim. Wideman, 826 F.2d at 1034. Indeed, liberally
construing Wright’s allegations, see Waldman, 871 F.3d at 1289,
Deputy Coleman “deprive[d] [Wright] of [his] liberty” and his abil-
ity to take care of himself by preventing him from leaving until he
gave a statement, see White, 183 F.3d at 1257. Nonetheless, Wright
did not name Deputy Coleman as a defendant in Count Two. In-
stead, he named PBSO and Sheriff Bradshaw in his official capacity,
and, as a result, his claim was subject to the requirements of Monell.
Barnett, 956 F.3d at 1296. Because Wright failed to allege any facts
showing that Deputy Coleman was inadequately trained or acted
pursuant to a “custom” or “policy” of PBSO, much less one that
was “so well settled and pervasive that it assume[d] the force of
law,” the district court properly dismissed Count Two. See Monell,
436 U.S. at 694; Smothers, 159 F.4th at 931; Canton, 489 U.S. at 388.
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Wright’s Count Three claim regarding the search of his
mailbox and removal of his mail by PBSO employees—which also
named PBSO and Sheriff Bradshaw in his official capacity—simi-
larly fails under Monell. Monell, 436 U.S. at 694; Smothers, 159 F.4th
at 931. Wright failed to allege how the conduct of the PBSO em-
ployees on a single, isolated instance on December 9, 2021, was
performed pursuant to a “custom” or “policy” of PBSO that was
“so well settled and pervasive that it assume[d] the force of law,”
see Smothers, 159 F.4th at 931; Depew, 787 F.2d at 1499, or resulted
from inadequate training, see Canton, 489 U.S. at 388.
As for the portion of Wright’s claims against PBSO and Sher-
iff Bradshaw in Counts Five through Seven, Wright again failed to
allege facts sufficient to satisfy Monell, because he did not indicate
that PBSO deputies lacked adequate training or were acting pursu-
ant to a well-settled custom or policy when they trespassed on his
property, threatened him, harassed him, disturbed his quiet enjoy-
ment of his property, or performed unlawful searches. Smothers,
159 F.4th at 931; Monell, 436 U.S. at 694; Canton, 489 U.S. at 388.
Moreover, Wright’s Fourth Amendment interests were not impli-
cated merely by PBSO officers and Di Orsini entering his property
to serve subpoenas. See Taylor, 458 F.3d at 1204.
Wright’s claims against Di Orsini individually in Counts Five
through Seven also fail. Even assuming that Di Orsini was not en-
titled to qualified immunity, Wright’s vague assertions that Di Or-
sini engaged in a “HARASSMENT campaign,” threatened him, vi-
olated a state no-contact order, and engaged in evidence tampering
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16 Opinion of the Court 25-12737

in Darius’s case did not plausibly allege the violation of Wright’s
federal rights for the purposes of § 1983. 42 U.S.C. § 1983; Twombly,
550 U.S. at 570; Iqbal, 556 U.S. at 679. Similarly, Wright’s conclu-
sory assertions that Di Orsini conducted “illegal searches” of his
property, without accompanying factual allegations as to the na-
ture of these searches or whether Di Orsini entered Wright’s prop-
erty at all (rather than, e.g., merely “[b]locking . . . a [p]rivate [g]ate”
to the property), did not adequately state a Fourth Amendment vi-
olation. Iqbal, 556 U.S. at 679. And while Di Orsini’s disturbance
of Wright’s right to quiet enjoyment of his property may have vio-
lated a state-defined property right, it did not violate a federal right
for the purposes of § 1983. Roth, 408 U.S. at 577; Greenbriar Vill.,
345 F.3d at 1262.
Wright contends that the district court abused its discretion
in failing to conduct an evidentiary hearing to view his video and
audio evidence before dismissing his claims. But the court did not
need to conduct an evidentiary hearing to resolve the “pure[] legal
question” of whether Wright’s amended complaint was subject to
dismissal. See Chudasama, 123 F.3d at 1367. Indeed, there were
“no issues of fact” to resolve at an evidentiary hearing because, at
the motion to dismiss stage, the court was required to assume that
Wright’s allegations in his complaint and his characterizations of
his video and audio evidence were true. See id. Moreover, contrary
to Wright’s assertions that the district court failed to honor his sta-
tus as a pro se party, Waldman, 871 F.3d at 1289, the court liberally
read his pleadings, attempted to group his allegations into cogniza-
ble claims, and gave him a chance to replead his complaint before
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25-12737 Opinion of the Court 17

dismissing several of his claims with prejudice. Silberman, 927 F.3d
at 1132. Similarly, Wright’s mere compliance with the court’s in-
structions and the instructions in the pro se § 1983 form could not
cure his otherwise deficient claims. Bilal, 981 F.3d at 911.

D. Temporary Restraining Order
We review the denial of a motion for a temporary restrain-
ing order or preliminary injunction for an abuse of discretion. Long
v. Sec’y, Dep’t of Corr., 924 F.3d 1171, 1175 (11th Cir. 2019).
Courts consider four factors in determining whether a tem-
porary restraining order is warranted, “which are whether the mo-
vant has established: (1) a substantial likelihood of success on the
merits; (2) that irreparable injury will be suffered if the relief is not
granted; (3) that the threatened injury outweighs the harm the re-
lief would inflict on the non-movant; and (4) that entry of the relief
would serve the public interest.” See Schiavo ex rel. Schindler v.
Schiavo, 403 F.3d 1223, 1225–26 (11th Cir. 2005). “Controlling prec-
edent is clear that injunctive relief may not be granted unless the
plaintiff establishes the substantial likelihood of success criterion.”
Id. at 1226.
Here, for the reasons explained above, Wright failed to es-
tablish a substantial likelihood of success on the merits of his claims
against Di Orsini, and the district court therefore did not err in
denying his motion for a TRO. Moreover, the district court did not
need to hold an evidentiary hearing on Wright’s motion because,
even accepting Wright’s characterizations of his video and audio
USCA11 Case: 25-12737 Document: 27-1 Date Filed: 04/01/2026 Page: 18 of 18

18 Opinion of the Court 25-12737

evidence, his claims against Di Orsini still would not adequately
allege the violation of a federal right for the purposes of § 1983.
AFFIRMED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11298705. Public record. Not legal advice.