3:25-cv-00125•DAVIS v. HARDWOOD et al
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LAVAROS DAVIS, Plaintiff, v. Case No.: 3:25cv125/AW/ZCB HARWOOD, et al., Defendants. ____________________________________/ REPORT AND RECOMMENDATION Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. After performing its screening duties under 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a)-(b), the Court identified several deficiencies in Plaintiff’s amended complaint. (Doc. 13). Plaintiff has now filed a second amended complaint. (Doc. 19). The Court is required to screen Plaintiff’s second amended complaint to determine if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from immune defendants. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a)-(b). Because Plaintiff fails to state a claim against Defendants Diamond, Wadkins, and Delarosa, Plaintiff’s claims against those Defendants should be Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 1 of 9
2 dismissed. Additionally, Plaintiff’s First Amendment claim should be dismissed for failure to state a claim upon which relief may be granted.1 I. Plaintiff’s Allegations2 Plaintiff’s second amended complaint names ten Defendants who are employees at Santa Rosa Correctional Facility: (1) Sergeant Harwood; (2) Sergeant Reeden; (3) Officer McDonald; (4) Officer Cambell; (5) Officer Bear; (6) Lt. Hayes; (7) Nurse Gonzalez; (8) Mental Health Counselor Diamond; (9) Mental Health Counselor Wadkins; and (10) Nurse Delarosa. (Doc. 19 at 2-6). He sues them all in their individual capacities. (Id.). Plaintiff alleges that on September 28, 2024, he was in his cell having a psychological emergency. (Doc. 19 at 7). He claims he repeatedly told Defendant Harwood that he was hearing voices and wanted to kill himself. (Id.). Defendant Harwood allegedly did nothing. 1 The Court previously provided Plaintiff an opportunity to amend after explaining to him deficiencies in his prior pleadings. (Docs. 9, 13). Nonetheless, Plaintiff’s second amended complaint still contains deficiencies. See generally Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001) (stating that a plaintiff typically “must be given at least one chance to amend the complaint before the district court dismisses the action”). 2 Plaintiff’s allegations are assumed true at this stage. DeVillier v. Texas, 601 U.S. 285, 288 n.1 (2024). Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 2 of 9
3 (Id.). Plaintiff alleges he then “cut his left AC vein” and smeared blood on the walls of his cell. (Id.). Plaintiff states Defendant Gonzalez, McDonald, Harwood, and Cambell walked by his cell, saw the blood in his cell, and did nothing. (Id. at 7-8). After a few hours, Plaintiff claims he attempted to hang himself in his cell. (Id. at 8). While Plaintiff was attempting to hang himself, Defendant Hayes came to Plaintiff’s cell, instructed Plaintiff to cuff up, and escorted Plaintiff to medical along with Defendants Reeden and Bear. (Id.). Plaintiff was in the medical room with Defendants Reeden, Bear, Gonzalez, and Hayes. (Id.). Plaintiff alleges Defendant Gonzalez slapped him in the face several times when he told her he wanted to kill himself. (Id.). He then alleges that Defendants Reeden and Bear began punching him in the back of the head and body. (Id.). Plaintiff states Defendant Hayes watched and laughed. (Id.). Plaintiff alleges Defendant Hayes told Plaintiff that if he filed a grievance on the incident, the grievance would go in the trash. (Id.). Plaintiff claims he received no medical attention and was escorted back to his cell. (Id.). Plaintiff alleges that two days later he stabbed himself and tried to hang himself again. (Id. at 9). Plaintiff alleges that he filed multiple Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 3 of 9
4 grievances over Defendants’ actions on September 31, 2024. (Id.). He states that an unidentified officer came to his cell and ripped up his grievances. (Id.). Plaintiff brings a First Amendment retaliation claim against Defendants Harwood, McDonald, Cambell, and Hayes. (Id. at 10-11). He brings Eighth Amendment deliberate indifference and/or excessive force claims against Defendants Harwood, Reeden, McDonald, Cambell, Bear, Hayes, and Gonzalez. (Id. at 11). Plaintiff does not include any claims against Defendants Diamond, Wadkins, or Delarosa in the “Statement of Claims” section of the complaint form. Plaintiff seeks monetary damages. (Id. at 10, 12). II. Statutory Screening Standard To survive dismissal at the screening phase, “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) (internal quotation marks omitted). The plausibility standard is met only where the facts alleged enable “the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. Plausibility means “more than a sheer possibility that a defendant has Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 4 of 9
5 acted unlawfully.” Id. “Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (internal quotation marks omitted). Whether a complaint states a plausible claim for relief is “a context- specific task that requires the reviewing court to draw on its judicial experience and common sense.” Iqbal, 556 U.S. at 679. The Court is “not bound to accept as true a legal conclusion couched as a factual allegation.” Id. at 678 (internal quotation marks omitted). And “bare assertions” that “amount to nothing more than a formulaic recitation of the elements” of a claim “are conclusory and not entitled to be assumed true.” Id. at 681 (internal quotation marks omitted). “While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations.” Id. at 679. III. Discussion A. Defendants Diamond, Wadkins, and Delarosa should be dismissed because Plaintiff fails to state any claim against them. As mentioned above, Plaintiff fails to identify any claims against Defendants Diamond, Wadkins, or Delarosa. The three Defendants Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 5 of 9
6 names are absent from the “Statement of Claims” section of the complaint form. Plaintiff has had multiple opportunities to amend his complaint to ensure he states a claim against each named Defendant, however, he has failed to identify any claims against Defendants Diamond, Wadkins, or Delarosa. Because Plaintiff fails to bring any claims against Defendants Diamond, Wadkins, or Delarosa, these Defendants should be dismissed from this action. B. Plaintiff’s First Amendment retaliation claim against Defendants Harwood, McDonald, Cambell, and Hayes should be dismissed for failure to state a claim. Plaintiff brings a First Amendment retaliation claim against Defendants Harwood, McDonald, Cambell, and Hayes for threatening to throw away his grievances and ripping up his grievances. (Doc. 19 at 10- 11). A plaintiff can prevail on a retaliation claim if “(1) his speech was constitutionally protected; (2) [he] suffered adverse action such that the administrator's allegedly retaliatory conduct would likely deter a person of ordinary firmness from engaging in such speech; and (3) there is a causal relationship between the retaliatory action and the protected speech.” Smith v. Mosley, 532 F.3d 1270, 1276 (11th Cir. 2008). Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 6 of 9
7 Plaintiff fails to provide sufficient factual allegations that would support a First Amendment claim against any of the four Defendants. First, Plaintiff does not include any factual allegations implicating Defendants Harwood, McDonald, Cambell, or Hayes in the ripping up of his grievances. He only alleges that an unidentified officer tore up his grievances in front of him. Plaintiff’s conclusory and unsupported allegations of First Amendment retaliation do not satisfy the pleading requirements. See Allen v. St. John, 827 F. App’x 1002, 1007 (11th Cir. 2020) (holding that inmate’s conclusory allegation that defendants retaliated against him was not sufficient to state a § 1983 claim for retaliation); see also Jones v. Gadsden Cnty. Schs., 755 F. App’x 954, 955 (11th Cir. 2019) (affirming dismissal of retaliation claim where plaintiff had not provided a factual basis that would allow the court, even reading liberally, to infer all three elements of a prima facie retaliation claim). Second, as Plaintiff was previously informed, alleged verbal threats are insufficient to state a claim. (See Doc. 9 at 9-10) (explaining that Defendant Hayes’s threat that his grievance would be thrown away was insufficient to state a constitutional violation); Hernandez v. Fla. Dep’t of Corr., 281 F. App’x 862, 866 (11th Cir. 2008) (holding “allegations of Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 7 of 9
8 verbal abuse and threats by the prison officers [do] not state a claim because . . . verbal abuse alone is insufficient to state a constitutional claim.”). Plaintiff’s claim that Defendant Hayes threatened to throw away any grievances, without more, is insufficient to state a claim for a constitutional violation. Accordingly, Plaintiff’s First Amendment retaliation claim against Defendants Harwood, McDonald, Cambell, and Hayes should be dismissed. IV. Conclusion For the reasons above, it is respectfully RECOMMENDED that: 1. Defendants Diamond, Wadkins, and Delarosa be DISMISSED from this action under 28 U.S.C. § 1915(e)(2)(B)(ii) because Plaintiff has failed to state a claim for relief against them. 2. Plaintiff’s First Amendment retaliation claim against Defendants Harwood, McDonald, Cambell, and Hayes be DISMISSED for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). 3. This matter be recommitted to the undersigned for further proceedings on Plaintiff’s Eighth Amendment claims against Defendants Harwood, Reeden, McDonald, Cambell, Bear, Hayes, and Gonzalez. Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 8 of 9
9 At Pensacola, Florida, this 18th day of February 2026. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Notice to the Parties 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. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-00125-AW-ZCB Document 21 Filed 02/18/26 Page 9 of 9
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