5:25-cv-00336•TALMADGE v. MCCRAY et al
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Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION DALVEN TALMADGE, Plaintiff, v. Case No. 5:25-cv-336-MW/MJF D. MCCRAY, et al., Defendants. / REPORT AND RECOMMENDATION The undersigned has preliminarily screened Plaintiff’s complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A. Because the facts as presented in this complaint fail to state a facially plausible claim for relief against the named Defendants, the District Court should dismiss this civil action. BACKGROUND On November 17, 2025, Plaintiff filed his complaint against five employees of the Florida Department of Corrections: Captain D. McCray; Warden Heath Holland; Assistant Warden Joseph Floyd; Seargent T. Patton; and Seargent A Dyson. Doc. 1 at 1–3. Plaintiff sues Defendants in their individual and official capacities. Case 5:25-cv-00336-MW-MJF Document 6 Filed 01/09/26 Page 1 of 7
Page 2 of 7 Plaintiff alleges that on June 11, 2025, while Plaintiff was incarcerated, McCray and Dyson confiscated Plaintiff’s canteen items and personal property. Doc. 1 at 7. McCray and Dyson provided Plaintiff a property slip, but the property slip did not account for all of the property that had been confiscated. Id. Plaintiff refused to sign the property slip. Plaintiff states that he sent a request to Patton to return Plaintiff’s property. Patton denied Plaintiff’s request. Plaintiff asserts that he filed grievances about his lost property, but Floyd and Holland did not return Plaintiff’s property. Plaintiff asserts that Defendants violated Plaintiff’s right to possess property and his right to due process. Plaintiff seeks $300 and punitive damages. Plaintiff also requests that the District Court demote Holland and Floyd and terminate the FDC’s employment of McCray, Dyson, and Patton. STANDARD The District Court is required to review Plaintiff’s complaint, identify cognizable claims and dismiss the complaint, or any portion thereof, if the complaint “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from Case 5:25-cv-00336-MW-MJF Document 6 Filed 01/09/26 Page 2 of 7
Page 3 of 7 a defendant who is immune from such relief.” 28 U.S.C. § 1915A(a)–(b); see also 28 U.S.C. § 1915(e)(2)(B) (applying the same standard to in forma pauperis proceedings). Determining whether a complaint states a claim upon which relief can be granted is governed by the standard set forth in Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 12(b)(6); Mitchell v. Farcass, 112 F.3d 1483, 1485 (11th Cir. 1997). The District Court must accept as true all well-pleaded factual allegations of the complaint and must consider all reasonable inferences derived from those facts in the light most favorable to the plaintiff. Hunnings v. Texaco, Inc., 29 F.3d 1480, 1483 (11th Cir. 1994). To survive dismissal, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). D ISCUSSION A. Fourteenth-Amendment Due Process Claim The Due Process Clause of the Fourteenth Amendment protects against deprivations of property “without due process of law.” U.S. Const. amend. XIV, § 1. To state a claim for a deprivation of due process, a Case 5:25-cv-00336-MW-MJF Document 6 Filed 01/09/26 Page 3 of 7
Page 4 of 7 prisoner must allege: (1) a deprivation of a constitutionally-protected property interest; (2) state action; and (3) constitutionally-inadequate process. Cryder v. Oxendine, 24 F.3d 175, 177 (11th Cir. 1994); see Catron v. City of St. Petersburg, 658 F.3d 1260, 1266 (11th Cir. 2011); Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir. 2003). With respect to the third element, when a state official was not acting pursuant to any established state procedure, but rather was engaging in a “random, unauthorized” act, a post-deprivation process is all that is due. See Hudson v. Palmer, 468 U.S. 513, 533 (1984); Parratt v. Taylor, 451 U.S. 527, 543–44 (1984). Florida law provides for an adequate post-deprivation remedy for theft of inmate property by prison guards insofar as an inmate may file a tort action in state court to recover damages. See Fla. Stat. § 768.28(1) (waiving sovereign immunity for tort actions brought against the State or its agencies for, among other things, “loss of property” caused by the “wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee’s office or employment”); Case v. Eslinger, 555 F.3d 1317, 1331 (11th Cir. 2009) (“We have recognized that ‘a civil cause of action for wrongful conversion of personal property’ under state law is a sufficient Case 5:25-cv-00336-MW-MJF Document 6 Filed 01/09/26 Page 4 of 7
Page 5 of 7 postdeprivation remedy when it extends to unauthorized seizures of personal property by state officers.”) (quoting Lindsey v. Storey, 936 F.2d 554, 561 (11th Cir. 1991)). The existence of a private cause of action under Florida law provides Plaintiff with a meaningful post-deprivation remedy to challenge the loss of his property caused by Defendants. Case, 555 F.3d at 1331; see Loor v. Bailey, 708 F. App’x 992, 994–95 (11th Cir. 2017). Plaintiff has not alleged that he was denied the right to assert such a claim in a Florida court. Therefore, Plaintiff has not alleged a deprivation of due process, and the District Court should dismiss this civil action. B. Plaintiff Requests Relief the District Court Cannot Grant 1. Sovereign Immunity To the extent Plaintiff is seeking monetary damages from Defendants in their official capacity, his claims against these Defendants are also be barred by immunity recognized in the Eleventh Amendment. Generally, the Eleventh Amendment recognizes that states may assert sovereign immunity that would bar suits by an individual against a State, its agencies, and its employees, unless Congress has abrogated the State’s sovereign immunity, or the State has consented to the lawsuit. Case 5:25-cv-00336-MW-MJF Document 6 Filed 01/09/26 Page 5 of 7
Page 6 of 7 See Hans v. Louisiana, 134 U.S. 1, 16–18 (1890); Manders v. Lee, 338 F.3d 1304, 1308 (11th Cir. 2003) (en banc). Congress has not abrogated the States’ sovereign immunity in actions for damages under section 1983. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 67–68 (1989). Thus, to the extent Plaintiff is seeking damages from Defendants in their official capacities, Plaintiff has failed to state a claim for relief, and the District Court should dismiss these claims. 2. Injunctive Relief To the extent Plaintiff seeks a court order firing or demoting Defendants, the District Court lacks the authority to grant such relief. Hill v. Hill, No. 22-13620, 2025 WL 2702092, at *4 (11th Cir. Sept. 23, 2025) (“Federal courts have no authority to fire state employees or take over the performance of their functions.”); Newman v. Alabama, 559 F.2d 283, 288 (5th Cir. 1978), rev’d in part on other grounds by Alabama v. Pugh, 438 U.S. 781 (1978). The District Court, therefore, should dismiss Plaintiff’s claim for injunctive relief. CONCLUSION Because Plaintiff fails to state a plausible claim for relief, the undersigned respectfully recommends that the District Court: Case 5:25-cv-00336-MW-MJF Document 6 Filed 01/09/26 Page 6 of 7
Page 7 of 7 1. DISMISS this civil action with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1); and 2. DIRECT the clerk of the court to close the case file. At Pensacola, Florida this 9th day of January 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to address preliminary matters and to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the report and recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the District Court’s order based on unobjected- to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 5:25-cv-00336-MW-MJF Document 6 Filed 01/09/26 Page 7 of 7
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