Nix v. County of Sarasota et al
Filing
29
OPINION AND ORDER re: 20 MOTION to Dismiss a Portion of the Complaint and for Extension of Time to Respond to the Remainder of the Complaint MOTION for Extension of Time to File Answer, 19 MOTION to Dismiss complaint (partial ly) and for extension of time to answer remaining claims and memorandum in support MOTION for Extension of Time to File Answer. Any amended complaint shall be filed within 14 days from entry of this order. See order for additional details. Signed by Judge Elizabeth A. Kovachevich on 3/21/2017. (EJJ)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ABRAHAM NIX,
Plaintiff,
v.
Case No: 8:16-cv-3435-T-17AAS
COUNTY OF SARASOTA, RUSTY
AYERS, and ROBERT ANNICELLI,
Defendants.
ORDER
This cause comes before the Court pursuant to the motions to dismiss (Doc. Nos.
19 & 20) (the "Motions to Dismiss") filed by the Defendants, County of Sarasota (the
"County"), Robert Annicelli ("Annicelli"), and Rusty Ayers ("Ayers") (collectively, the
"Defendants"), and the responses in opposition thereto (Doc. Nos. 26 & 27) filed by the
Plaintiff, Abraham Nix (the "Plaintiff'). For the reasons set forth below, the Motions to
Dismiss are GRANTED IN PART AND DENIED IN PART.
I.
Background
The Plaintiff commenced this case by filing a complaint (Doc. No. 1) (the
"Complaint") against the Defendants on February 16, 2016. Through the Complaint, the
Plaintiff asserts claims for excessive force and malicious prosecution under 42 U.S.C. §
1983 ("Section 1983"), alleging violations of his rights under the Fourth, Eighth, and
Fourteenth Amendments to the United States Constitution.
In support, the Plaintiff alleges that while he was incarcerated at the Sarasota
County Jail, he was beaten by Defendants Annicelli and Ayers. (Complaint, at 1J1J 10-11).
According to the Plaintiff, the beating occurred because he voiced his opinion to
Defendant Ayers that he should be removed from lockdown status following an incident
in which he was accused of failing to properly clean his jail cell. (Complaint, at 111112-19).
The Plaintiff claims that after he voiced his opinion, Ayers pushed him backwards causing
him to hit his head, and that Ayers and Annicelli then began kicking, punching, and
kneeing him. (Complaint, at 111121-22). The Plaintiff alleges that as a result of Ayers and
Annicelli's conduct, he suffered a collapsed lung and was required to be hospitalized for
five days. (Complaint, at
1l1f 25-26).
Thereafter, the Plaintiff claims that charges were
brought against him and later dropped, presumably to cover up wrongs committed by the
Defendants. (Complaint, at 111127 & 56).
The Defendants filed the Motions to Dismiss on February 3, 2017. Through the
Motions to Dismiss, the Defendants argue that (1) the Sarasota County Sheriff's Office,
not the County, is the appropriate governmental defendant, (2) the Plaintiff's official
capacity claims against Annicelli and Ayers should be dismissed as duplicative of the
claims against the County, (3) the Plaintiff has failed to state a claim against the County,
(4) the Plaintiff cannot state a claim for alleged violations of the Fourth Amendment, and
(5) the Plaintiff. cannot recover punitive damages against the County. The Plaintiff has
responded, and admits that he is unable to state a claim for alleged violations of the
Fourth Amendment based on his status as a pretrial detainee. The Plaintiff disputes the
other arguments raised in the Motions to Dismiss. The Court will consider the remaining
issues below.
II.
Standard of Review
Federal Rule of Civil Procedure 12(b)(6) allows a complaint to be dismissed for
failure to state a claim upon which relief can be granted. When reviewing a motion to
dismiss, a court must "accept the factual allegations in the complaint as true and construe
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them in the light most favorable to the plaintiff." Alvarez v. Attorney Gen. for Fla., 679 F.3d
1257, 1261 (11th Cir. 2012).
Legal conclusions, as opposed to well-pied factual
allegations, "are not entitled to the assumption of truth." Ashcroft v. Iqbal, 556 U.S. 662,
679 (2009).
Thus, "[a] pleading that offers 'labels and conclusions' or 'a formulaic
recitation of the elements of a cause of action will not do."' Id. at 678. "Nor does a
complaint suffice if it tenders 'naked assertions' devoid of 'further factual enhancement."'
Id.
Courts apply a two-pronged approach when considering a motion to dismiss. Am.
Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1290 (11th Cir. 2010). First, a court must
"eliminate any allegations in [a] complaint that are merely legal conclusions." Id. A court
must then take any remaining well-pleaded factual allegations, "assume their veracity and
then determine whether they plausibly give rise to an entitlement to relief." Id. (internal
quotations omitted). A complaint that does not "contain sufficient factual matter, accepted
as true, to state a claim ... plausible on its face" is subject to dismissal. Id. at 1289.
Further, dismissal is warranted under Rule 12(b)(6) if, assuming the truth of the
complaint's factual allegations, a dispositive legal issue precludes relief. Neitzke v.
Williams, 490 U.S. 319, 326 (1989).
Ill.
Discussion
A.
The County is not the appropriate governmental defendant in this
case.
"In Florida, a county has no authority and control over a sheriff's law enforcement
function." Troupe v. Sarasota Cty., Fla., 2004 WL 5572030, at *13 (M.D. Fla. Jan. 22,
2004). Moreover, under Florida law, "a sheriff's office is a separate legal entity from the
county in which it serves." Id. at n.5. Because "a county is only liable for acts for which
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the county is actually responsible," the County is not a proper defendant in this case. Id.
Since the Plaintiff has not named the correct governmental defendant, the Plaintiff's
claims against the County are subject to dismissal with leave to substitute the Sarasota
County Sheriff's Office as the correct governmental defendant.
B.
The Plaintiff's official capacity claims against Defendants Annicelli
and Ayers are subject to dismissal for being duplicative of the
Plaintiff's claims against the Sheriff's Office.
"[A] suit against a government officer in his official capacity is simply a suit against
the relevant government entity." Brown v. Neumann, 188 F.3d 1289, 1290 n .1 (11th Cir.
1999). Stated differently, "when an officer is sued under Section 1983 in his or her official
capacity, the suit is simply another way of pleading an action against an entity of which
[the] officer is an agent." Busby v. City of Orlando, 931 F.2d 764, 776 (11th Cir. 1991).
Since "suits against a municipal officer sued in his official capacity and direct suits against
municipalities are functionally equivalent, there [is no] need to bring official capacity
actions against local government officials." Id. Accordingly, district courts have dismissed
official capacity claims against government officials with prejudice where the plaintiff also
sued the local government entity directly. See, e.g., Adams v. City of Orlando Code
Enforcement Bd., 2007 WL 1229103, at *2 (M.D. Fla. April 26, 2007) (dismissing official
capacity claims against the mayor of Orlando where the plaintiff also sued the City of
Orlando and the Orlando Code Enforcement Board).
Here, the Plaintiff has sued the Sheriff's Office, and has named Annicelli and Ayers
as defendants in both their individual and official capacities. (Complaint, at ml 2-4). The
official capacity claims against Annicelli and Ayers are based on their status as sheriff's
deputies employed by the Sheriff's Office. (Complaint, at~ 3}. As the Eleventh Circuit
noted in Busby, the Plaintiff's direct claims against the Sheriff's Office and his official
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capacity claims against Annicelli and Ayers are "functionally equivalent." Busby, 931 F.2d
at 776. Consequently, the Plaintiffs official capacity claims against Annicelli and Ayers
are duplicative and subject to dismissal with prejudice.
C.
The Plaintiff has failed to plausibly allege that his injuries were
caused by an official policy or custom of the Sheriff's Office.
Section 1983 states, in pertinent part, that:
[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, shall be liable to the party injured in an action at law,
suit in equity, or other proper proceeding for redress.
42 U.S.C. § 1983. The United States Supreme Court has held that "municipalities and
other bodies of local government are 'persons' within the meaning of this statute." City of
St. Louis v. Praprotnik, 485 U.S. 112, 121 (1988). "Such a body may therefore be sued
directly if it is alleged to have caused a constitutional tort through 'a policy statement,
ordinance, regulation, or decision officially adopted and promulgated by that body's
officers."' Id.
Municipalities may also be sued for "constitutional deprivations visited
pursuant to governmental 'custom' even though such a custom has not received formal
approval through the body's official decisionmaking channels." Id.
However, Section
1983 cannot be used to impose vicarious liability on a municipality. Id. To the contrary, a
municipality can be held liable "only when an injury was inflicted by a government's
lawmakers or by those whose edicts or acts may fairly be said to represent official policy."
Id. at 122. Thus, to state a claim against a municipality or body of local government under
Section 1983, the Plaintiff must allege the "existence of an unconstitutional municipal
policy." Id. a 128.
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"A plaintiff may establish the existence of an official policy or custom in several
ways." Pindak v. Dart, 125 F. Supp. 3d 720, 756 (N.D. Ill. 2015). First, "[t]he plaintiff may
identify an express policy responsible for the alleged constitutional injury." Id.
"Alternatively, a plaintiff may establish a widespread practice attributable to the
municipality ... 'by showing a series of bad acts and inviting the court to infer from them
that the policymaking level of government was bound to have noticed what was going
on."' Id. Third, the plaintiff may "assert that the individual who committed the constitutional
deprivation was an official with policy-making authority." Id. "Finally, a decision not to
train employees may rise to the level of an official policy or custom, but only where that
failure to train amounts to 'deliberate indifference to the rights of persons with whom the
untrained employees come into contact."' Id.
Here, the Plaintiff fails to identify an express policy or custom of the Sheriff's Office
that he claims caused his injuries. To the contrary, the Plaintiff appears to admit that the
Defendants' actions were in "direct violation" of their official policies regarding the use of
force. See (Complaint, at
1f
20) ("In direct violation of General Orders, Specifically
Corrections Order# 310.06 Use of Force, Defendant Ayers asked Defendant Annicelli for
assistance with an unruly inmate, without the express permission of a superior officer.").
The allegations in paragraph 62 of the Complaint are of no help to the Plaintiff. These
allegations are threadbare recitals of the elements of the Plaintiff's claim, not well-pleaded
factual allegations. See (Complaint, at
1f
62) (alleging, in conclusory fashion, that the
County has "a custom, policy, and/or practice of retaliating against citizens ... coercing
confessions out of citizens ... [and] false arrest/false imprisonment of certain suspects
and/or witnesses."). The same holds true of the Plaintiff's allegations that the County
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failed to train its employees in a manner that amounted to "deliberate indifference." See
(Complaint, at 1f 62) (alleging that the County "fail[ed] to train and supervise its officers ..
. fail[ed] to supervise, review, and/or discipline police officers whom the County ... knew
or should of known were violating or were prone to violate citizens' constitutional rights .
. . fail[ed] to control and/or discipline officers known to harass, intimidate, and/or abuse
citizens," among other similar allegations).
These allegations are essentially "naked
assertions" of wrongdoing, and require "further factual enhancement" to satisfy the Rule
8(a)(2) federal pleading standard. See Iqbal, 556 U.S. at 678. Thus, the Plaintiff's claims
against the Sheriff's Office are subject to dismissal with leave to amend.
D.
Punitive Damages
"In civil rights cases brought against state actors under§ 1983, punitive damages
are available only upon a showing of evil motive or intent, or reckless or callous
indifference to the federally protected rights of others." Hopp v. Wikse, 2008 WL 4980664,
at *1 (S.D. Fla. Nov. 24, 2008). "Notably, punitive damages are only allowable against
defendants in their individual capacities and are not available in official capacity suits." Id.
Here, the Plaintiff requests "exemplary, compensatory, and punitive damages plus costs,
interests, and attorney fees as set forth in 42 U.S.C. §§ 1983 and 1988." (Complaint, at 1f
65). Since the Plaintiff may only pursue a claim for punitive damages on its individual
capacity claims, the Plaintiff's claim for punitive damages is dismissed except with respect
to Annicelli and Ayers in their individual capacities.
IV.
Conclusion
Accordingly, it is
ORDERED that the Motion to Dismiss is GRANTED IN PART AND DENIED IN
PART as follows:
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(1) The Plaintiff's claims against the County are DISMISSED WITH LEAVE ·To
SUBSTITUTE the Sarasota County Sheriff's Office as the appropriate
governmental defendant;
(2) The Plaintiff's official capacity claims against Annicelli and Ayers are
DISMISSED WITH PREJUDICE;
(3) The Plaintiff's claim for punitive damages against the Defendants in their official
capacities is DISMISSED WITH PREJUDICE;
(4) The Plaintiff's Section 1983 claims against the Sheriffs Office are DISMISSED
WITH LEAVE TO AMEND;
(5) The Plaintiff's claims based on alleged violations of the Fourth Amendment are
DISMISSED WITH PREJUDICE; and
(6) Any amended complaint shall be filed within 14 days from entry of this order.
DONE and ORDERED in Chambers, in Tampa, Florida this 21st day of March,
2017.
ELIZABETH A.
VI
UNITED STATES DISTRICT
Copies furnished to:
Counsel of Record
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