Hill

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

JONATHAN RAW-SHIELD HILL,

Plaintiff,

v. Case No. 3:25-cv-1004-MMH-MCR

NURSE PRACTITIONER JESSICA

PUTNEY, et al.,

Defendants.

_________________________________

ORDER OF DISMISSAL WITHOUT PREJUDICE

Plaintiff Jonathan Raw-Shield Hill, an inmate of the Florida

Department of Corrections (FDOC), is proceeding on a pro se Third Amended

Complaint for Violation of Civil Rights under 42 U.S.C. § 1983 (TAC; Doc. 35),

filed pursuant to the Court’s December 22, 2025 Order (Doc. 33).1 In the TAC,

Plaintiff names the following individuals as Defendants: (1) Nurse Practitioner

Jessica Putney (Putney); (2) Licensed Practical Nurse Gloria Walden (Walden);

(3) Sergeant William Woods (Woods); (4) Sergeant M. Ivey (Ivey); and (5)

1 In the Order, the Court struck the Second Amended Complaint and gave

Plaintiff “one final opportunity to file a complaint that complies with federal pleading

standards,” as thoroughly explained in an earlier Order (Doc. 20). See Doc. 33 at 2.

The Court cautioned Plaintiff that failure to comply with the December 22, 2025

Order could result in the dismissal of this case. Id. at 3.

Assistant Warden Kevin M. Tomlinson (Tomlinson).2 Doc. 35 at 1–5. Plaintiff

alleges violations of his Eighth and Fourteenth Amendment rights during his

incarceration at Union Correctional Institution based on events that took place

on November 2, 2023, May 2, 2024, and November 7, 2024. Id. at 4, 6, 9.

Although the allegations are not entirely clear, Plaintiff appears to allege

that in retaliation for writing grievances on Ivey, Putney conspired with

Walden, Woods, and Ivey3 to kill Plaintiff by prescribing a higher dosage of

Lisinopril (medication for high blood pressure), without first checking

Plaintiff’s blood pressure, on one or more of the dates identified in the TAC. Id.

at 6–8. Plaintiff claims that the higher dosage resulted in kidney failure,

weakness, dizziness, dehydration, shortness of breath, headaches, muscle

aches, and lack of erection. Id. at 7–8. According to Plaintiff, he should not have

received this medication at all because he does not have high blood pressure,

which Putney allegedly confirmed at his appointment on November 7, 2024.

Id. at 7. As relief, Plaintiff requests that Defendants be terminated, and that

2 Plaintiff does not specify in what capacity he is suing each Defendant except

for Woods, Ivey, and Tomlinson, all of whom are sued in their official capacities. See

Doc. 35 at 3–5.

3 Plaintiff alleges that the conspiracy involved four Defendants, but it is

unclear whether the fourth one was Ivey or Tomlinson. See Doc. 35 at 8. Plaintiff also

alleges that Ivey and Tomlinson are liable due to their supervisory positions, and that

Tomlinson was aware of the violations through his involvement in the grievance

process. Id. at 8–9.

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Plaintiff be awarded damages in the amount of $500,000, and placed in a

protected management unit. Id. at 9.

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.4 See 28

U.S.C. § 1915(e)(2)(B). 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.5 Mitchell v. Farcass, 112 F.3d 1483, 1490

(11th Cir. 1997); see also Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir.

2008).

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

4 Plaintiff proceeds as a pauper. See Order (Doc. 11).

5 “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)).

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pleading requirements. Jackson v. BellSouth Telecomms., 372 F.3d 1250,

1262–63 (11th Cir. 2004) (citations omitted). 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 Twombly, 550 U.S. at 555). 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.” Iqbal, 556

U.S. at 678. 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

elements of a cause of action will not do[.]” Twombly, 550 U.S. at 555

(alternation and 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”)

(internal citation and quotations 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.”

4

Iqbal, 556 U.S. at 678, 679. 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.

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) (citation omitted);

Richardson v. Johnson, 598 F.3d 734, 737 (11th Cir. 2010) (per curiam)

(citation omitted). 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).

In assessing the TAC, the Court must read Plaintiff’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.’” Alford v. Consol. Gov’t of

5

Columbus, Ga., 438 F. App’x 837, 839 (11th Cir. 2011)6 (quoting GJR Invs., Inc.

v. Cnty. of Escambia, Fla., 132 F.3d 1359, 1369 (11th Cir. 1998) (internal

citation omitted), overruled in part on other grounds as recognized in Randall,

610 F.3d at 709).

Pursuant to the Court’s screening obligation under the PLRA, the Court

will dismiss Plaintiff’s TAC for failure to state a claim. The Court previously

afforded Plaintiff an opportunity to amend, and in doing so, explained in

relevant part that Plaintiff’s conspiracy allegations were conclusory and his

monetary claims against the FDOC Defendants in their official capacities were

precluded by sovereign immunity. See Docs. 20, 33. Construed liberally, the

TAC still offers nothing more than conclusory allegations that Defendants

conspired to kill Plaintiff by changing the dosage of his blood pressure

medication. See Doc. 35 at 6–8. Plaintiff does not state a plausible claim for

relief. To state a claim for conspiracy under § 1983, a plaintiff must allege that

defendants “reached an understanding” to violate his constitutional rights.

Grider v. City of Auburn, Ala., 618 F.3d 1240, 1260 (11th Cir. 2010). “[T]he

linchpin for conspiracy is agreement, which presupposes communication.”

6 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. GEICO, 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.”).

6

Bailey v. Bd. of Cnty. Comm’rs of Alachua Cnty., Fla., 956 F.2d 1112, 1122

(11th Cir. 1992). “It is not enough to simply aver in the complaint that a

conspiracy existed.” Allen v. Sec’y, Fla. Dep’t of Corr., 578 F. App’x 836, 840

(11th Cir. 2014) (quoting Fullman v. Graddick, 739 F.2d 553, 557 (11th Cir.

1984)).

Further, to the extent Plaintiff attempts to bring a retaliation claim

against those Defendants who allegedly participated in the conspiracy, the

retaliation claim also fails. “The core of [a retaliation claim brought pursuant

to 42 U.S.C. § 1983] is that the prisoner is being retaliated against for

exercising his right to free speech.” O’Bryant v. Finch, 637 F.3d 1207, 1212

(11th Cir. 2011) (per curiam) (citation omitted). It is firmly established that

“an inmate is considered to be exercising his First Amendment right of freedom

of speech when he complains to the prison’s administrators about the

conditions of his confinement.” Smith v. Mosley, 532 F.3d 1270, 1276 (11th Cir.

2008). Further, it is firmly established that an inmate may pursue a cause of

action against a prison official who retaliated against him for engaging in that

protected speech. Id.

To establish a retaliation claim, a prisoner must

demonstrate “that the prison official’s actions were the

result of his having filed a grievance concerning the

conditions of his imprisonment.” Farrow v. West, 320

F.3d 1235, 1248 (11th Cir. 2003) (internal quotation

marks and citation omitted). [A plaintiff] can prevail

on a retaliation claim if “(1) his speech was

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constitutionally protected; (2) [he] suffered 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 is a causal relationship between the

retaliatory action and the protected speech.” Smith,

532 F.3d at 1276.

Williams v. Radford, 64 F.4th 1185, 1192 (11th Cir. 2023) (internal citation

modified). As to the third prong, a plaintiff must do more than make “general

attacks” upon a defendant’s motivations and must articulate “affirmative

evidence” of retaliation to establish the requisite motive. Crawford-El v.

Britton, 523 U.S. 574, 600 (1998) (citations omitted). “In other words, the

prisoner must show that, as a subjective matter, a motivation for the

defendant’s adverse action was the prisoner’s grievance or lawsuit.” Jemison

v. Wise, 386 F. App’x 961, 965 (11th Cir. 2010) (per curiam) (citation omitted).

Plaintiff does not include any well-pled allegations of fact to suggest that the

subject Defendants’ actions constitute retaliation for his constitutionally-

protected speech. His assertions that Putney changed the dosage of his

medication in retaliation for his use of the grievance procedure against Ivey

without more are insufficient to state a retaliation claim.

Additionally, to the extent Plaintiff attempts to hold Ivey and Tomlinson

liable based on their supervisory positions,7 liability under § 1983 may not be

7 Although the TAC indicates that Plaintiff sues Ivey and Tomlinson solely in

their official capacities, Plaintiff explains that he made a guess when he checked the

8

premised on a theory of vicarious liability. Cottone v. Jenne, 326 F.3d 1352,

1360 (11th Cir. 2003), abrogated in part on other grounds by Randall, 610 F.3d

at 709; see also Brown v. Crawford, 906 F.2d 667, 671 (11th Cir. 1990) (“It is

axiomatic, in [§] 1983 actions, that liability must be based on something more

than a theory of respondeat superior.”). To establish individual liability for

supervisory conduct, a plaintiff must show “that the supervisor either directly

participated in the unconstitutional conduct or that a causal connection exists

between the supervisor’s actions and the alleged constitutional violation.”

Keith v. DeKalb Cnty., 749 F.3d 1034, 1047–48 (11th Cir. 2014).

Causation “may be established and supervisory

liability imposed where the supervisor’s improper

custom or policy results in deliberate indifference to

constitutional rights.” Id.[8] (alterations adopted)

(internal quotation marks omitted). “A plaintiff can

also show that the absence of a policy led to a violation

of constitutional rights.” Piazza,[9] 923 F.3d at 957.

“Either way, though, to prove that a policy or its

absence caused a constitutional harm, a plaintiff must

point to multiple incidents, or multiple reports of prior

misconduct by a particular employee.” Id. (citation

omitted). And allegations of a single incident of

unconstitutional conduct cannot state a claim for

supervisory liability, even when the conduct involves

several subordinates. Id. at 957-58.

box for official capacity, and does not understand the difference between official and

individual capacity claims. Doc. 35 at 4–5.

8 Hartley v. Parnell, 193 F.3d 1263 (11th Cir. 1999).

9 Piazza v. Jefferson Cnty., 923 F.3d 947 (11th Cir. 2019).

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Ingram v. Kubik, 30 F.4th 1241, 1254 (11th Cir. 2022). Plaintiff’s allegations

with respect to Ivey and Tomlinson are too general and conclusory to state a §

1983 claim based on their supervisory conduct. See Doc. 35 at 8. To the extent

Plaintiff alleges that Tomlinson was aware of the violations through his role in

the grievance process, “filing 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.”

Jones v. Eckloff, No. 2:12-cv-375-FtM-29DNF, 2013 WL 6231181, at *4 (M.D.

Fla. Dec. 2, 2013)10 (collecting cases).

Finally, to the extent Plaintiff sues Woods, Ivey, and Tomlinson in their

official capacities, the Court previously cautioned Plaintiff that sovereign

immunity bars his claims for monetary damages against the FDOC Defendants

in their official capacities. See Doc. 20 at 3–4; Zatler, 802 F.2d at 400.

Therefore, Plaintiff’s official-capacity claims for monetary damages against

these Defendants must be dismissed as barred by the Eleventh Amendment.

Based on the foregoing, Plaintiff fails to “state a claim to relief that is plausible

10 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) (“Although a district court would not be bound

to follow any other district court’s determination, the decision would have significant

persuasive effects.”).

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on its face,” and his TAC will be dismissed without prejudice under the PLRA.

Iqbal, 556 U.S. at 678.

Therefore, it is now ORDERED:

1. This case is DISMISSED without prejudice.

2. The Clerk of Court shall enter judgment dismissing this case

without prejudice, terminate any pending motions, and close the case.

DONE AND ORDERED at Jacksonville, Florida, this lst day of

April, 2026.

MARCIA MORALES HOWARD

Chief United States District Judge

Jax-11

Jonathan Raw-Shield Hill, #Y¥31202

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