NORFLEET
v.
CHARLOTTE COUNTY JAIL
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The court held that the plaintiff's amended complaint was deficient and failed to state a claim, warranting dismissal.
The plaintiff, an inmate, filed an amended complaint after his initial complaint was dismissed for failing to comply with pleading rules and lacking s…
The full statement of facts, procedural history, and disposition for this case are member content.
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The Court gave Norfleet leave to file an amended complaint and instructions on how to correct the deficiencies in the initial complaint. Specifically, the Court explained that factual allegations must be pled in separate, numbered paragraphs, and that Norfleet must sue the individual officers who allegedly violated his rights. (See Doc. 7). Norfleet did not heed
the Court's instructions, nor did he use the civil-rights complaint form the Court provided. Instead, Norfleet filed two handwritten amendments against the Charlotte County Sheriff's Office. The first merely states that abuses to Norfleet's civil liberties continue, and the second alleges in an unbroken narrative that an unnamed officer “made a gesture or spit in petitioner [sic] tray." (Doc. 9 at 2).
Norfleet's amended complaint is procedurally deficient for the same reasons the Court dismissed his initial complaint. (See Doc. 7). Also, the amended complaint fails to state a claim against the Sheriff because “supervisory officials are not liable under [42 U.S.C.] § 1983 for the unconstitutional acts of their subordinates on the basis of respondeat superior or vicarious liability.” Keith v. DeKalb Cnty., Ga., 749 F. 3d 1034, 1047 (11th Cir. 2014). Because Norfleet has now twice failed to state a claim and to comply with federal pleading rules, the Court will dismiss this action and close the case.
Accordingly, it is now ORDERED:
Tino Norfleet's amended complaint (Docs. 8 and 9) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case.
DONE and ORDERED in Fort Myers, Florida on March 25, 2024.
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Nadine Keith for the Estate of Godfrey Cook v. DeKALB Cnty., 749 F.3d 1034 (11th Cir. 2014)