ROSATO
v.
DIXON
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Plaintiff Rosato, an involuntarily committed resident of the Florida Civil Commitment Center, sued four FCCC officials under 42 U.S.C. § 1983 for allegedly denying him the opportunity to freely practice his Wiccan faith and for erroneous denial of a grievance. The court dismissed the claim against defendant Riddle for failure to state a constitutional deprivation.
Rosato failed to state a claim against Riddle because he does not have a constitutional right to a grievance procedure, so an alleged defect in the grievance procedure did not violate his constitutional rights. The claims against Dixon, Carner, and Sawyer regarding denial of religious practice remain for further consideration.
[1] A plaintiff suing under 42 U.S.C. …
[2] To state a claim under 42 U.S.C. …
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To state a § 1983 claim, a plaintiff must allege that (1) the defendant deprived him of a right secured under the Constitution or federal law, and (2) the deprivation occurred under color of state law.”
Establishes the two-part test for § 1983 constitutional claims
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Join FLexlaw to unlock all legal intelligenceRosato is an involuntarily committed resident of the Florida Civil Commitment Center (FCCC). He sued four FCCC officials—Dixon, Carner, Sawyer, and Ri…
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Before the Court is Plaintiff Dominic Anthony Rosato's Amended Complaint (Doc. 25). Rosato is an involuntarily committed resident of the Florida Civil Commitment Center (FCCC), and he sues four FCCC officials under 42 U.S.C. § 1983. Rosato is litigating this action in forma pauperis, so the Court must review the Amended Complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune from such relief. See 28 U.S.C. 1915(e)(2).
To state a § 1983 claim, a plaintiff must allege that (1) the defendant deprived him of a right secured under the Constitution or federal law, and (2) the deprivation occurred under color of state law. Bingham v. Thomas, 654 F. 3d 1171, 1175 (11th Cir. 2011) (citing Arrington v. Cobb Cnty., 139 F. 3d 865, 872 (11th Cir. 1998)). In addition, a plaintiff must allege and establish an affirmative causal connection between the defendant's conduct and the constitutional deprivation. Marsh v. Butler Cnty., Ala., 268 F. 3d 1014, 1059 (11th Cir. 2001).
The crux of this action is Rosato's claim that defendants Dixon, Carner, and Sawyer have denied Rosato an opportunity to freely practice his wiccan faith. In the Amended Complaint, Rosato added a claim that Dottie Riddle erroneously denied a grievance based on noncompliance with the FCCC's policies. Rosato does not have a constitutional right to a grievance procedure, so an alleged defect in the grievance procedure did not violate his constitutional rights. See Allen v. Secʼy, Fla. Dep't of Corr., 578 F. App'x 836, 839 (11th Cir. 2014). Thus, Rosato has not stated a claim against Riddle. Accordingly, Rosato's claim against Riddle is DISMISSED without prejudice. The Clerk is DIRECTED to terminate Riddle as a party to this case.
DONE and ORDERED in Fort Myers, Florida on March 18, 2025.
Sheri Polster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
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