United States District Court, N.D. Florida, Pensacola Division
LAWRENCE T. BROWN, Indiana DOC #250459 Plaintiff,
BAY COUNTY COMMISSIONERS, et al., Defendants.
REPORT AND RECOMMENDATION
CHARLES J. KAHN, JR. UNITED STATES MAGISTRATE JUDGE.
a prisoner proceeding pro se and in forma
pauperis, has filed a third amended complaint asserting
civil rights claims under 42 U.S.C. § 1983, and state
law tort claims. (Doc. 22). The undersigned has screened the
complaint pursuant to 28 U.S.C. § 1915A, and concludes
that plaintiff's federal claims against Bay County,
former Bay County Sheriff Frank McKeithen and Detention
Officer Chromer should be dismissed for failure to state a
claim; that the court should decline to exercise supplemental
jurisdiction over plaintiff's state law claims against
these defendants; and that plaintiff's federal and state
law claims against the remaining seven defendants should be
remanded to the undersigned for further proceedings.
AND PROCEDURAL HISTORY
is an inmate of the Indiana penal system currently confined
at Putnamville Correctional Facility in Greencastle, Indiana.
Plaintiff was a pretrial detainee confined at the Bay County
Jail in Panama City, Florida, at the time of the events
giving rise to this lawsuit. Plaintiff's third amended
complaint names ten defendants: the Bay County Board of
County Commissioners, former Bay County Sheriff Frank
McKeithen, Bay County Sheriff's Office Investigator David
Delaney, and seven Bay County Jail officials: Chief Security
Officer Rigby, Lieutenant Lilly, Corporal Joe Maestro,
Sergeant Davis, Sergeant Pucket, Detention Officer Lawrence
Nelson and Detention Officer Chromer, Jr. (Doc. 22).
Plaintiff's claims are based on a use of force incident
that occurred at the Bay County Jail on October 31, 2015, and
plaintiff's arrest and criminal prosecution after he
reported the incident. The following allegations are drawn
from plaintiff's third amended complaint (doc. 22) and
sworn declaration with exhibits (doc. 23).
The Use of Force
alleges that on October 31, 2015, at 9:30 p.m., he had a
“verbal dispute” with defendant Maestro because
plaintiff demanded to speak to Officer Jackson about access
to his legal materials but Maestro instead contacted
defendant Lilly. (Doc. 22 ¶¶ 32, 36; Doc. 23
¶¶ 35, 38). Plaintiff became “upset”
and “frustrated” that Maestro involved Lilly, and
expressed his frustration by continually knocking on his food
flap. (Doc. 22 ¶ 35; Doc. 23 ¶ 40). Plaintiff
ceased knocking when he observed Lilly on the phone outside
the unit, having surmised that Lilly was talking to defendant
Rigby, the Chief Security Officer. (Doc. 22 ¶ 35; Doc.
23 ¶ 41). After Lilly hung up, he came to
plaintiff's cell and asked what the problem was. (Doc. 22
¶ 36; Doc. 23 ¶ 43). Plaintiff responded that he
was trying to speak to Jackson about gaining access to his
legal material to prepare for a November 13, 2015, court
hearing. (Doc. 22 ¶ 36; Doc. 23 ¶ 44). Lilly
informed plaintiff that he was wasting Lilly's time
because Rigby already addressed plaintiff's request for
the material, and that Rigby authorized Lilly to use force
against plaintiff if he failed to comply with orders to be
quiet. (Doc. 22 ¶ 37; Doc. 23 ¶ 45).
responded that he would stop knocking on his food flap, but
would not stop complaining because it was his constitutional
right to complain. (Doc. 22 ¶ 38; Doc. 23 ¶ 46).
Lilly warned plaintiff that if he was not quiet, Lilly would
“shut [him] up”. (Doc. 22 ¶ 39; Doc. 23
¶ 47). Lilly then instructed Maestro to retrieve
restraints. (Id.). When Maestro returned with
restraints, Lilly called for defendants Davis and Pucket to
assist. (Doc. 22 ¶ 39; Doc. 23 ¶ 48). Lilly gave
plaintiff three verbal warnings to stop talking and, when
plaintiff continued “advising” Lilly of his
constitutional rights, Lilly instructed Maestro, Davis and
Pucket to enter plaintiff's cell to restrain him. (Doc.
22 ¶ 40; Doc. 23 ¶ 49). The use of force was filmed
by defendant Officer Nelson. (Doc. 23 ¶ 53). Defendant
Officer Chromer was in the officer's station
“monitor[ing] the screen.” (Id.).
Lilly, Maestro, Davis and Pucket entered plaintiff's
cell, plaintiff was seated on the floor wearing a shroud.
(Doc. 22 ¶ 41; Doc. 23 ¶¶50-52). Maestro
voiced multiple commands to “stop resisting”
(even though plaintiff was not resisting). (Doc. 22 ¶
43; Doc. 23 ¶ 51). Maestro then collapsed his
“full weight” onto plaintiff, removed
plaintiff's shroud (rendering him naked), and pinned
plaintiff on his stomach, with Lilly, Davis and Pucket's
assistance. (Doc. 22 ¶¶ 42-44; Doc. 23 ¶¶
52). Defendants Davis and Pucket began shackling
plaintiff's legs while Lilly and Maestro pinned
plaintiff's arms behind his back. (Doc. 23 ¶ 54).
During the shackling process, Maestro “sexually
battered” plaintiff as follows:
At the same time Plaintiff felt defendant Maestro['s]
hands resting on his buttocks which cause[d] him to become
The Plaintiff then felt defendant Maestro['s] hands
clutch his buttocks while he stated stop resisting in which
the plaintiff who was unable to resist because he was
completely restrained stated that he was not resisting.
The Plaintiff then felt Defendant Maestro['s] finger
insert [into] his rectum which made him scream out in pain
and yell for the defendant to remove his finger form his
Defendant Maestro ignored the Plaintiff's pleads and
continued inserting his finger deeper into the
The Plaintiff yelled four or more times for the plaintiff
[sic] to remove his finger from his rectum and when the
defendant ignored his pleads [sic] and continue[d] sodomizing
the plaintiff he began yelling “rape” hoping to
alert someone who could help him.
22 ¶¶ 45-49; see also Doc. 23 ¶¶
plaintiff yelled “rape”, Lilly punched him in the
face and tried to suffocate him. (Doc. 22 ¶¶ 50-52;
Doc. 23 ¶¶ 62-64). Lilly then instructed Maestro,
Davis and Pucket to turn plaintiff onto his back. Lilly got
on top of plaintiff and attempted to strangle and suffocate
him again. (Doc. 22 ¶53-54; doc. 23 ¶¶ 64-66).
When plaintiff wrestled his mouth free, Lilly punched him in
the face five times, stating “you brought this on
yourself and next time keep your mouth shut.” (Doc. 22
¶ 55; Doc. 23 ¶ 68). The alleged assault ceased
when nurses entered the module. (Doc. 23 ¶ 69).
Plaintiff was left naked and “hog-tied” in his
cell for 9 hours, forcing him to defecate and urinate on
himself. (Doc. 22 ¶ 56; Doc. 23 ¶ 70). At 6:30 a.m.
the following morning, an officer removed the leg restraints.
(Doc. 23 ...