Steverson v. Dixon et al

Filing 15

ORDERED: All claims against Defendant R. Solorzano-Pallais are DISMISSED with prejudice. The Clerk of Court shall TERMINATE Defendant R. Solorzano-Pallais as a party to this action. All claims against Defendant Uney and Defendant Miller in thei r official capacities are DISMISSED with prejudice. This action will proceed on Plaintiff's Eighth Amendment claims against Defendant Uney and Defendant Miller in their individual capacities. Signed by Senior Judge Charlene Edwards Honeywell on 5/9/2024. (JDE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BOBBY L. STEVERSON,
Plaintiff,
v.

Case No. 8:22-cv-1462-CEH-AEP

RICKY DIXON, et al.,
Defendants.
/
ORDER
Before the Court is Plaintiff’s Amended Complaint (Doc. 14). After examining
the Amended Complaint in accord with 28 U.S.C. § 1915A,1 the Court concludes that
the claims against Defendant R. Solorzano-Pallais will be dismissed for the same
reasons the claims were dismissed in the April 10, 2024 Order (See Doc. 13 at 15-17).
Additionally, the claims against Defendant Uney and Defendant Miller in their official
capacities will be dismissed because Plaintiff failed to allege sufficient facts showing
Defendants’ actions were taken pursuant to a custom, policy, or practice of the
Department of Corrections or another policymaker. Will v. Michigan Dep’t of State

Section 1915A provides that a Court shall review a complaint in a civil action in which a
prisoner seeks redress from a governmental entity or officer or employee of a governmental
entity, and shall dismiss same, or any portion thereof, if the Court determines that the
complaint is “frivolous, malicious, or fails to state a claim upon which relief may be
granted[.]”
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Police, 491 U.S. 58, 71 (1989) (“[A] suit against a state official in his or her official
capacity is not a suit against the official but rather is a suit against the official’s office.”);
McFarland v. City of Tampa, 2016 WL 695986, at *3 (M.D. Fla. Feb. 22, 2016) (“To
pursue a claim in a defendant’s official capacity, a plaintiff must allege facts showing
that an official policy or custom caused the alleged injury.”). Accordingly, it is
ORDERED:
1. All claims against Defendant R. Solorzano-Pallais are DISMISSED with
prejudice.
2. The Clerk of Court shall TERMINATE Defendant R. Solorzano-Pallais as a
party to this action.
3. All claims against Defendant Uney and Defendant Miller in their official
capacities are DISMISSED with prejudice.
4. This action will proceed on Plaintiff’s Eighth Amendment claims against
Defendant Uney and Defendant Miller in their individual capacities.
DONE AND ORDERED in Tampa, Florida, on May 9, 2024.

Copy to: Plaintiff, pro se

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