3:25-cv-02625•WHARTON v. MARTIN et al
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Page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JASON T. WHARTON, Plaintiff, v. Case No. 3:25cv2625-AW-HTC J. MARTIN, et al., Defendants. ______________________/ REPORT AND RECOMMENDATION Plaintiff Jason T. Wharton, a prisoner proceeding pro se and in forma pauperis, has filed an amended civil rights complaint under 42 U.S.C. § 1983, alleging the Defendants violated his constitutional rights when they threw away certain photographs that were part of his personal property. Doc. 7. After reviewing the amended complaint, the undersigned finds it fails to state a claim, and because Plaintiff has already had one opportunity to amend his complaint, this case should be dismissed with prejudice under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). I. BACKGROUND A. Procedural Background Wharton initiated this action on or about December 16, 2025. Doc. 1. After reviewing the initial complaint, the undersigned recommended the action be dismissed for Wharton’s failure to truthfully disclose his litigation history. Doc. 5. Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 1 of 8
Page 2 of 8 Case No. 3:25cv2625-AW-HTC However, prior to receiving the Report and Recommendation, Wharton realized he had omitted certain litigation from the initial complaint form and moved to amend the complaint to identify those non-disclosed cases. Doc. 6. The Court granted the motion to amend, accepted the amended complaint (Doc. 7) as the operative pleading, and vacated the Report and Recommendation. Doc. 10 (January 13, 2026 Order). However, shortly after filing the motion to amend and before getting the Order vacating the Report and Recommendation, Wharton filed a Notice of Voluntary Dismissal (Doc. 11) indicating he wanted to file a new case (presumably because he assumed his motion to amend would be denied and the Report and Recommendation accepted). Despite filing the notice of voluntary dismissal, and presumably because he had received the Court’s January 13, 2026 Order, Wharton filed a motion to appoint counsel. Doc. 12. Because it appeared Wharton wanted to continue with this action, the Court struck the notice of dismissal.1 Doc. 13. Having resolved the issue with the failure to disclose and the notice of voluntary dismissal, the undersigned proceeded to screen the amended complaint on 1 Prior to receiving the order striking the notice of dismissal, Wharton submitted a new complaint, which was initially docketed, in error, as a service copy of the amended complaint in this action. Realizing Wharton wanted to file a new action, the clerk opened a new case, which was assigned case number 3:26cv739/MW/ZCB. That case, however, was closed after Wharton filed a notice of dismissal of that action. Wharton’s dismissal of the second action confirms that Wharton wants to proceed with this action. Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 2 of 8
Page 3 of 8 Case No. 3:25cv2625-AW-HTC the merits. Having done so, and for the reasons set forth below, the undersigned recommends the action be dismissed for failure to state a claim. B. Factual Background In the amended complaint, Wharton sues three (3) defendants: (1) Sergeant J. Martin at Santa Rosa Correctional Institution (“SRCI”); (2) R. Quinn, Warden at SRCI; and (3) Ricky Dixon, the Secretary of the Florida Department of Corrections. Doc. 7 at 2-3. The following factual allegations taken from Wharton’s amended complaint are accepted as true for purposes of this Report and Recommendation. Wharton arrived at SRCI from Apalachee Correctional Institution on October 27, 2025. Per protocol, inmate property should be searched and inventoried in the presence of the inmate, “but wasn’t because property was not inventoried until Oct. 29, 2025 out of the control of [Wharton].” On October 29, 2025, “in violation of its own FAC,” Sergeant Martin inventoried Wharton’s property out of Wharton’s presence and “disposed of items on its own will,” resulting in a due process violation. Martin did not follow FAC Chap. 33-602.204. Martin “denied [Wharton] to choose what photos to dispose of.” There were 36 photos of sentimental value “of [Wharton’s] ex-wife and daughter, that passed away together in 2015.” Wharton contends the disposal of these photos denied him “intellectual property rights,” that the photos cannot be replaced, and that had he been present Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 3 of 8
Page 4 of 8 Case No. 3:25cv2625-AW-HTC when the property was being inventoried, he would have asked that they be sent home. Wharton submitted two grievances, one on October 30, 2025, and one on November 6, 2025, complaining that the property was inventoried out of his presence in violation of the FAC and his due process rights. Wharton alleges Defendant Warden Quinn violated FAC Ch. 33-208.002, which states that each warden will be responsible for ensuring that employees under his supervision are familiar with the department’s regulations. Wharton claims all defendants violated his constitutional due process rights. As relief, Wharton asks for money damages of $36,000 ($1,000 per photograph lost). II. LEGAL STANDARD Because Wharton is a prisoner proceeding in forma pauperis and seeking relief from government employees, the Court must dismiss his complaint, or any portion thereof, if it determines it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). To state a claim, Wharton must plead factual content that allows the Court to draw the reasonable inference the Defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The Court must liberally construe pro se allegations, Haines v. Kerner, 404 U.S. 519, 520-21 (1972), but conclusory Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 4 of 8
Page 5 of 8 Case No. 3:25cv2625-AW-HTC allegations and legal conclusions couched as factual allegations are not entitled to a presumption of truth. Iqbal, 556 U.S. at 681; Papasan v. Allain, 478 U.S. 265, 286 (1986). III. DISCUSSION A. Due Process Claim2 Wharton alleges Defendant Martin violated his constitutional rights by throwing out Wharton’s personal property, namely, the thirty-six family photos, and appears to allege Defendants Quinn and Dixon are liable for Martin’s actions in a supervisory capacity. The Fourteenth Amendment demands that no State shall “deprive any person of life, liberty, or property, without due process of law.” U.S. CONST . amend. XIV, § 1. However, “an unauthorized intentional deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available.” Hudson v. Palmer, 468 U.S. 517, 533 (1984). 2 Wharton also alleges the Defendants violated his “intellectual property” rights. Intellectual property is a “category of intangible rights protecting commercially valuable products of the human intellect,” such as trademarks and patents. Intellectual Property, BLACK’ S LAW DICTIONARY (12th ed. 2024). Wharton’s photographs are not intellectual property, but tangible personal property, defined as “property that can be seen, weighed, measured, felt, touched, or in any other way perceived by the senses … .” Tangible Personal Property, BLACK’ S LAW DICTIONARY (12th ed. 2024). Therefore, Wharton does not have an intellectual property claim. Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 5 of 8
Page 6 of 8 Case No. 3:25cv2625-AW-HTC Florida offers such a remedy, as it has waived its sovereign immunity in tort actions for the negligent or wrongful acts of employees causing injury or loss of property. Fla. Stat. § 768.28(1); see also Jackson v. Hill, 569 F. App’x 697, 698 (11th Cir. 2014) (concluding Florida provided adequate postdeprivation remedy because individuals can sue state officials for the conversion of their personal property); Case v. Eslinger, 555 F.3d 1317, 1331 (11th Cir. 2009) (“Under the law of Florida, law enforcement officers may be liable for conversion for the seizure or retention of personal property.”) (quotation marks and citation omitted). Therefore, the availability of an adequate postdeprivation remedy under Florida law prevents Wharton from pursuing a constitutional claim against Defendant Martin (or his supervisors) for throwing out his personal property. B. Violation of the Florida Administrative Code Wharton also contends that Defendants violated various sections of the Florida Administrative Code when Martin conducted an inventory search outside of Wharton’s presence. Even if true, “[v]iolations of departmental rules or regulations do not, standing alone, infringe on an inmate’s federal constitutional rights.” Newton v. Wheeler, 2015 WL 6746511, at *2 (N.D. Fla. Oct. 2, 2015), report and recommendation adopted, 2015 WL 6756134 (N.D. Fla. Nov. 4, 2015); see also Sandin v. Conner, 515 U.S. 472, 481-82 (1995) (prison regulations are not intended to confer rights or benefits on inmates but are merely designed to guide Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 6 of 8
Page 7 of 8 Case No. 3:25cv2625-AW-HTC correctional officials in the administration of prisons); Magluta v. Samples, 375 F.3d 1269, 1279 n.7 (11th Cir. 2004) (“procedural requirements set out in [an administrative] regulation are not themselves constitutional mandates”); Caruth v. Pinkney, 683 F.2d 1044, 1052 (7th Cir. 1982) (“By itself, however, the failure to comply with the regulation does not amount to a violation of constitutional magnitude.”). Thus, Wharton cannot state a claim against Defendants under § 1983 for violating any portion of the Florida Administrative Rules and those claims must be dismissed. C. Official Capacity Claims Against Defendants Quinn and Dixon Even if Wharton could state a claim for relief, Defendants Quinn and Dixon are immune from suits in their official capacities. A suit for monetary damages against these Defendants in their official capacities is effectively a suit against their employer, which, here, is the State of Florida. See Hafer v. Melo, 502 U.S. 21, 25 (1991) (“Suits against state officials in their official capacity … should be treated as suits against the State.”). However, Florida is immune from suits for damages under § 1983, and therefore Wharton cannot recover damages from the Defendants in their official capacities. See Jackson v. Ga. Dep’t of Transp., 16 F.3d 1573, 1575 (11th Cir. 1994) (“Under the Eleventh Amendment, state officials sued for damages in their official capacity are immune from suit in federal court.”). Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 7 of 8
Page 8 of 8 Case No. 3:25cv2625-AW-HTC IV. CONCLUSION Accordingly, it is RECOMMENDED that: 1. This case be DISMISSED for Wharton’s failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). 2. The clerk be directed to close the file. At Pensacola, Florida, this 9 th day of February, 2026. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) 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 its objections upon 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 the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1. Case 3:25-cv-02625-AW-HTC Document 15 Filed 02/09/26 Page 8 of 8
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