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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

JOHNNY W. STELL,

Plaintiff,

vs. Case No. 3:10cv55/LAC/EMT

SGT. ANDERSON, et al.,

Defendants.

________________________________________/

ORDER

Plaintiff, a Florida inmate proceeding pro se and in forma pauperis, initiated this civil rights

action by filing a complaint under 42 U.S.C. § 1983 (Doc. 1). 

Upon review of the complaint, it is evident that the facts as presented fail to support a viable

claim for relief under section 1983 as to one or more of the named Defendants. The court will

therefore allow Plaintiff an opportunity to clarify his allegations in an amended complaint.

Plaintiff, an inmate of Century Correctional Institution (CCI), names three Defendants in this

action: Sgt. Anderson, Officer Powell, and Captain Chance, all of whom are employed at CCI (Doc.

1 at 1, 2). Plaintiff alleges that on September 1, 2009, Sgt. Anderson ordered him to sit at the end

of his bed during count (id. at 5). Plaintiff states his locker was at the end of his bed, and he

informed Sgt. Anderson that he had a medical condition that prevented him from lifting it (id.). 

Plaintiff showed Sgt. Anderson his medical restriction pass, but Anderson responded that he did not

care about Plaintiff’s medical condition, and if Plaintiff did not move his locker he would be placed

in confinement (id.). Plaintiff’s cellmate moved Plaintiff’s locker (id.). Plaintiff spoke to Captain

Chance about the incident, and the Captain responded that he would speak to Sgt. Anderson (id.).

One week later, Sgt. Anderson again conducted count in Plaintiff’s dormitory and told

Plaintiff to remove his locker from the end of his bed and sit down (id.). Plaintiff again informed
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Anderson that he could not lift his locker and showed him the medical restriction pass (id.). Plaintiff

also told Sgt. Anderson that Captain Chance “was aware of the situation” (id.). Sgt. Anderson stated

he did not care about Plaintiff’s medical condition, and he (Anderson) ran the dorm (id.). Plaintiff

attempted to move his locker, but it fell to the floor and hit his “surgically repaired” leg and foot

(id.). Plaintiff states he was eventually taken to the medical department and given crutches and an

appointment with a doctor; however, Sgt. Anderson waited thirty minutes (when count cleared) to

summon medical assistance (id. at 6). Plaintiff asserts that as a result of Sgt. Anderson’s conduct,

he suffered pain and injury, including possible permanent injury and disfigurement (id.).

Plaintiff claims that Sgt. Anderson’s conduct violated his Eighth Amendment rights (id. at

7). He asserts that Officer Powell is liable for failing to intervene, since he observed both incidents

and was aware of Plaintiff’s medical restrictions (id. at 6). Plaintiff claims that Captain Chance is

liable for failing to act, because he was aware of the first incident and said he would speak to

Anderson, but the second incident occurred a week later (id.). 

Plaintiff has failed to state a basis for liability as to Captain Chance. Plaintiff appears to

allege a failure to stop claim under a theory of supervisory liability. A failure to stop claim under

a theory of supervisory liability requires that the supervisor (1) have the ability to prevent or

discontinue a known constitutional violation by exercising his or her authority over the subordinate

who commits the constitutional violation, and (2) subsequently fails to exercise that authority to stop

it. See Keating v. City of Miami, — F.3d ___ 2010 WL 703000, at *8 (11th Cir. Mar. 2, 2010)

(citing Gonzalez v. Reno, 325 F.3d 1228, 1234 (11th Cir. 2003) (requiring only allegations of a

“causal connection between actions of the supervising official and the alleged constitutional

violation”)). In the instant case, the fact that Sgt. Anderson repeated his conduct after Captain

Chance told Plaintiff he would speak to Anderson to prevent it does not suggest that Captain Chance

failed to speak to Anderson or otherwise exercise his authority to stop Anderson’s conduct. Unless

such facts exist and are alleged in an amended complaint, Plaintiff should drop Captain Chance as

a Defendant.

If Plaintiff wishes to proceed with this action, he must completely fill out a new civil rights

complaint form, marking it “Amended Complaint.” Plaintiff must limit his allegations to claims

Case No.: 3:10cv55/LAC/EMT
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related to the same basic incident or issue and name as Defendants only those persons who are

responsible for the alleged constitutional violations. Plaintiff must place their names in the style of

the case on the first page of the civil rights complaint form, and include their addresses and

employment positions in the “Defendants” section of the form. In the statement of facts, Plaintiff

should clearly describe how each named Defendant is involved in each alleged constitutional

violation, alleging the claims as to each Defendant in separately numbered paragraphs and including

specific dates of the alleged illegal acts. In the section titled “Statement of Claims,” Plaintiff must

state what rights or statutes he contends have been violated, and he must provide reference to the

facts supporting the claimed violations. Finally, in the “Relief Requested” section, Plaintiff shall

identify the form of relief he seeks from this court. Plaintiff is advised that the amended complaint

must contain all of his allegations because once an amended complaint is filed, all earlier complaints

and filings are disregarded. Local Rule 15.1, Northern District of Florida.

Plaintiff should file the amended complaint with an original signature and keep an identical

copy for himself. He should not file a memorandum of law or otherwise provide citations to statutes

and cases, and he should not file exhibits as evidentiary support for his complaint. The court will

notify Plaintiff when memoranda and exhibits are necessary, such as prior to trial or in conjunction

with a motion for summary judgment. Furthermore, Plaintiff should not submit service copies of

his complaint unless and until the court directs him to do so. Finally, Plaintiff is advised that

discovery is premature at this stage of the case, and Plaintiff should not conduct any discovery

without leave of court.

Accordingly, it is ORDERED:

1. The clerk is directed to forward to Plaintiff a civil rights complaint form for use by

prisoners in actions under 42 U.S.C. § 1983. This case number should be written on the form.

2. Within THIRTY (30) DAYS from the date of docketing of this order, Plaintiff shall

file an amended civil rights complaint, which shall be typed or clearly written, submitted on the

court form, and titled “Amended Complaint.”

3. Plaintiff’s failure to file an amended complaint may result in a recommendation that

this action be dismissed for failure to comply with a court order.

Case No.: 3:10cv55/LAC/EMT
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DONE AND ORDERED this 12th day of April 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

Case No.: 3:10cv55/LAC/EMT