GAY v. KAYLA SCOTT et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JOHN S. GAY,
Plaintiff,
v. Case No. 4:25-cv-53-AW-MAF
CENTURION LLC MEDICAL
COMPANY, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING MOTION TO DISMISS
Plaintiff John Gay, a pro se prisoner, sued “Centurion LLC Medical
Company” and others in state court, alleging Eighth Amendment violations. The
claim was that Defendants provided inadequate medical care after Gay suffered a
stroke. See generally ECF No. 1-1. The case was removed here, and the magistrate
judge has conducted preliminary proceedings.
The operative complaint—the Third Amended—names Centurion and two
individuals. ECF No. 24. Centurion has moved to dismiss, ECF No. 33, and the
magistrate judge issued a report and recommendation concluding the court should
grant the motion, ECF No. 89. Gay has not filed any objection to the report and
recommendation. This order grants the motion to dismiss.
“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.’”
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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550
U.S. 544, 570 (2007)). “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.” Id.
The claim against Centurion is a § 1983 claim. Although Centurion is a private
entity, it becomes “the functional equivalent” of a government actor because it
performs a function (prison medical services) “traditionally within the exclusive
prerogative of the state.” Buckner v. Toro, 116 F.3d 450, 452 (11th Cir. 1997). But
although Centurion can be sued under § 1983, the Monell limitation applies. Id.
(citing Monell v. Dep’t of Social Servs. of N.Y., 436 U.S. 658, 690-91 (1978)). Under
Monell, entities are not vicariously liable for their employees’ negligence. Instead, a
plaintiff must show that the defendant’s policy or custom caused the injury. Id. That
is where Gay falls short.
To be sure, Gay alleges that Centurion had “a custom or policy of deliberate
indifference,” that “Centurion and/or its agents or employees used and adopted
policy/custom to deny Plaintiff treatment,” and that “it was Centurion’s custom,
policy, procedure and/or practice to outright deny timely and adequate medical
treatment.” ECF No. 24 at 11-12, 14. But these are conclusory allegations not
entitled to the assumption of truth. See Iqbal, 556 U.S. at 679.
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In sum, Gay has not alleged sufficient facts to state a plausible claim against
Centurion. Centurion’s motion to dismiss (ECF No. 33) is GRANTED. Claims
against Centurion are DISMISSED for failure to state a claim. The report and
recommendation (ECF No. 89) is approved.
The magistrate judge will conduct further appropriate proceedings.
SO ORDERED on March 16, 2026.
s/ Allen Winsor
Chief United States District Judge
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