Faulkner v. Monroe County Sheriff's Department, 523 F. App'x 696

Background

Faulkner, acting pro se, sues the Monroe County Sheriff’s Office, Sheriff Peryam, a correctional officer Hiller, and medical defendants Pope, Hilton, and Maurer for deliberate indifference to medical needs under 42 U.S.C. § 1983 after Faulkner’s fall at PKDC on November 13, 2009.
Faulkner was housed at MCDC before and after the PKDC incident, while Hiller worked at PKDC and medical defendants worked at MCDC.
The district court referred non-dispositive matters to a magistrate judge and prepared a report and recommendations on dispositive matters; Faulkner amended his complaint but later filed a second amended complaint without leave.
The magistrate judge recommended dismissing claims against MCSO and Peryam, granted Hiller’s motion to dismiss, and suggested dismissing Faulkner’s case as to the other defendants; the district court adopted these R&Rs.
Medical defendants moved for summary judgment; the magistrate recommended granting the motion, and the district court adopted all recommendations; Faulkner appeals.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether MCSO lacked capacity to be sued and thus dismissal was proper	Faulkner contends MCSO can be sued as a proper entity under Florida law.	Defendants argue Florida law does not recognize sheriff’s offices as separate legal entities with capacity to be sued.	Affirmed: MCSO lacks capacity to be sued; dismissal proper.
Whether Hiller’s denial of a bottom-bunk pass states a § 1983 claim	Faulkner asserts Hiller knew of and disregarded risk, causing harm.	Hiller’s actions were at most negligent with no subjective knowledge or deliberate indifference.	Affirmed: no subjective knowledge; mere negligence, not deliberate indifference.
Whether supervisory liability could be imputable to Peryam/MCSO	Faulkner alleges a policy or custom of indifference by MCSO under Peryam’s supervision.	No causal connection; no showing of policy or custom causing deprivation.	Affirmed: no sufficient causal link or policy to sustain supervisory liability.
Whether Faulkner waived objections to magistrate nondispositive orders	Faulkner argues the magistrate erred in several nondispositive rulings.	Faulkner failed to file timely objections in district court.	Affirmed: waiver because no timely objections were filed.
Whether denial of appointment of counsel constitutes abuse of discretion	Faulkner seeks appointment of counsel due to exceptional circumstances.	No exceptional circumstances shown; not entitled to counsel as a matter of right.	Affirmed: district court did not abuse discretion; no exceptional circumstances shown.

Key Cases Cited

Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (deliberate indifference standards for § 1983 medical claims)
Brown v. Johnson, 387 F.3d 1344 (11th Cir. 2004) (subjective knowledge and disregard of risk required for deliberate indifference)
McElligott v. Foley, 182 F.3d 1248 (11th Cir. 1999) (bottom-bunk pass related to risk level; negligence standard)
Kentucky v. Graham, 473 U.S. 159 (U.S. 1985) (local government liability; official-capacity suits treated as entity suits)
Hartley v. Parnell, 193 F.3d 1263 (11th Cir. 1999) (causal connection required for supervisory liability)
Mitchell v. Farcass, 112 F.3d 1483 (11th Cir. 1997) (standard for evaluating dismissal under § 1915(e)(2)(B)(ii))
Dean v. Barber, 951 F.2d 1210 (11th Cir. 1992) (capacity to be sued; state-law entity status)
Singleton v. Wulff, 428 U.S. 106 (U.S. 1976) (issue preservation and general principles of appellate review)
Moon v. Newsome, 863 F.2d 835 (11th Cir. 1989) (pro se pleadings held to relevant rules; liberal construction)
Burger King Corp. v. Weaver, 169 F.3d 1310 (11th Cir. 1999) (leave to amend; futility standard)
Smith v. School Board of Orange County, 487 F.3d 1361 (11th Cir. 2007) (objections and appeals standards on non-final orders)
McDowell v. Brown, 392 F.3d 1283 (11th Cir. 2004) (causal connection and policy requirement for municipal liability)
Castle v. Corcoran, 661 So.2d 409 (Fla. Dist. Ct. App. 1995) (Florida law on capacity of police departments to sue)
Smith v. Orange County School Board, 487 F.3d 1361 (11th Cir. 2007) (per curiam context for procedural issues)