United States District Court, M.D. Florida, Tampa Division
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE
cause comes before the Court on the following matters:
Plaintiff David Carpenter has filed an amended civil rights
complaint (Doc. 12) under 42 U.S.C. § 1983. Upon review,
see 28 U.S.C. § 1915A, because Plaintiff has
failed to set forth his claims adequately, he will be
required to submit a second amended complaint.
must name as Defendants only those persons who are
responsible for the alleged constitutional violations. In the
section entitled "Statement of Facts," he must
clearly describe how each named defendant is involved.
Plaintiff should note that, in civil rights cases, more than
conclusory and vague allegations are required to state a
cause of action under 42 U.S.C. § 1983. Fullman v.
Graddick, 739 F.2d 553, 556-7 (11th Cir. 1984);
Baskin v. Parker, 602 F.2d 1205, 1208 (5th Cir.
extent Plaintiff attempts to allege an Eighth Amendment
violation with regard to his medical care (Doc. 12 at 4), he
must show that the failure to provide him medical care
amounted to cruel and unusual punishment under the Eighth
Amendment of the United States Constitution. In order to do
so, Plaintiff must first "set forth evidence of an
objectively serious medical need. Second, a plaintiff must
prove that the prison official acted with an attitude of
'deliberate indifference' to that serious medical
need." Estelle v. Gamble, 429 U.S. 97, 104-05
(1976). Mere disagreement with the mode or amount of
treatment does not establish deliberate indifference.
Harris v. Thigpen, 941 F.2d 1495, 1507 (11th Cir.
1991). Instead, "[a]n objectively insufficient response
by public officials to a serious medical need must be poor
enough to constitute an unnecessary and wanton infliction of
pain." Loeber v. Andem, 487 Fed.Appx. 548, 549
(11th Cir. 2012) (citing Estelle, 429 U.S. 97).
should be aware that the Florida Department of Corrections
has immunity under the Eleventh Amendment, and, therefore, is
not amenable to suit under Section 1983. Leonard v.
Dep't of Corr. Fla., 232 Fed.Appx. 892, 894 (11th
Cir. 2007) (citing Stevens v. Gay, 864 F.2d 113, 115
(11th Cir. 1989)).
to demonstrate liability on the part of Defendant Centurion,
which Plaintiff claims is the contracted medical provider for
the Department of Corrections, Plaintiff must show that a
constitutional violation occurred or was caused by a policy
or custom. Monnell v. Dep't of Social Serv. of the
City of New York, 436 U.S. 658 (1978). Defendant
Centurion cannot be liable for the acts of its employees on a
theory of respondeat superior. Scala v. City of Winter
Park, 116 F.3d 1396, 1399 (11th Cir. 1997). To establish
liability based on custom, Plaintiff must demonstrate a
"widespread practice that, although not authorized by
law or... express policy, is so permanent and well[-]settled
as to constitute a custom or usage with the force of
law." Griffin v. City of Opa-Locka, 26 F.3d
1295, 1308 (11th Cir. 2001).
should not include argument in his amended complaint.
Citations of case law and statutes are not appropriate in the
complaint, but rather may be included at the time of trial or
in a motion for summary judgment.
Plaintiff intends to allege a number of related claims, then
he must set forth each claim in a separate paragraph in the
same complaint. However, if the claims are not related to the
same basic issue or incident, then each claim must be
addressed in a separate complaint. Furthermore, Plaintiff
must complete a new civil rights complaint form for the
unrelated claim. The Clerk of the Court will then assign a
new case number for the separate complaint and inform
Plaintiff of the new case number. Of course, Plaintiff should
file an amended complaint in this action by placing the case
number in this action on a civil rights complaint form and
choosing one of the claims to proceed with in this action.
Plaintiff may at any time request more civil rights complaint
forms for those unrelated claims.
amend his complaint, Plaintiff should completely fill out a
new civil rights complaint on the form, marking it
Second Amended Complaint. The amended
complaint must include all of Plaintiff s claims in this
action; it may not refer back to or incorporate the original
or amended complaint. The second amended complaint
supersedes the original and amended complaints, and all
claims must be raised in the second amended
shall amend his complaint as described above within
TWENTY-ONE (21) DAYS from the date of this Order.
Plaintiff is advised that failure to fully comply
with this Order will result in the dismissal of this action
without further notice.
Plaintiff shall immediately advise the Court of any change of
address. He shall entitle the paper "Notice to the Court
of Change of Address" and not include any motions in it.
This notice shall contain only information
pertaining to the address change and the effective date of
Plaintiff should not correspond with the Court in letter
form. Plaintiff should file a pleading or motion with a
title. The title should be a brief summary of the contents of
the pleading or motion. As a matter of course, the Court will
not respond to Plaintiffs letters. Nor will a district or
magistrate judge respond to personal correspondence when it
pertains to a pending case. This policy is in keeping with
their sworn duty to maintain complete impartiality in the
exercise of their judicial duties. Accordingly, their
decisions and opinions are, quite properly, only delivered in
response to those legal instruments filed with the
Clerk's office in accordance with governing rules of
procedure. The Court will strike and return any
correspondence addressed directly to a district judge or
Clerk is DIRECTED to mail to Plaintiff a
copy of the standard civil rights ...