Gangloff v. Poccia

Decision Date13 June 1995
Docket NumberNo. 94-279-Civ-FtM-21D.,94-279-Civ-FtM-21D.
Citation888 F. Supp. 1549
PartiesGary GANGLOFF, Plaintiff, v. Officer POCCIA, Officer Cootware, Officer Flowers, Officer Ward, Sergeant Blewitt, Sergeant T.A. Duncan, Inspector Charlwood, W.B. Clift, Officer Severson, in their individual and official capacities, Defendants.
CourtU.S. District Court — Middle District of Florida

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Gary Gangloff, Hardee Correctional Institution, Bowling Green, FL, pro se.

Collin J. Hite, Atty. General's Office, Dept. of Legal Affairs, Hollywood, FL, for defendants.

ORDER

NIMMONS, District Judge.

Pro se prisoner Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983 on September 6, 1994. Plaintiff, who was incarcerated at Charlotte Correctional Institution at the time the alleged events occurred, claims that:

19. On September 22, 1993 Plaintiff was and had been while on administrative confinement being utilized as an inmate orderly in housing H5-B to clean B-squad and distribute meal trays to inmates on administrative confinement.
20. On September 22, 1993, at approximately 9:30 a.m., defendant Officer Poccia, and Plaintiff, began distributing cleaning supplies for inmates on confinement in H5-B to clean their respective cells.
21. During the time cell cleaning was taking place cell doors were opened by defendant Officer Poccia, to facilitate cleaning and distribution of supplies.
22. While the cell doors were opened Plaintiff observed two inmates obstructing the locking mechanism in their cell doors by stuffing them with paper and brought this to the attention of defendant, Officer Poccia.
23. Later that day cells 109, 110, 111, and 112, in H5-B were flooded and defendant Officer Cootware, while acting under the supervision of defendant Sergeant Blewitt, opened the doors of these cells to permit the inmates housed therein to mop the water from the cell floors.
24. While the cell doors were open the inmate in cell H5-B-111 stuffed the locking mechanism with paper to prevent the cell door from locking when closed (see exhibits # 1 and # 2, attached hereto and incorporated herein by reference).
25. When the inmates in Cells 109, 110, 111, and 112, completed mopping their cells defendant Officer Cootware neglected to verify that the cell doors were in fact locked.
26. At 4:00 p.m. defendants Sergeant Duncan, Officer Flowers and Officer Ward, replaced the staff working in H5-B.
27. While the shift was changing and an inmate head-count was being conducted, Plaintiff layed down in his bed to rest prior to his having to distribute meal trays. Since Plaintiff was an orderly in H5-B his cell door was left open so as to permit him to be available if needed by any officer.
28. While sleeping Plaintiff was awakened by inmate Terry Dean who was housed in H5-B-111. Inmate Dean was standing over Plaintiff with a mop wringer in one hand and a cup filled with substance in the other hand. At the moment of Plaintiff's opening his eyes inmate Dean threw the substance into Plaintiff's face, temporarily blinding Plaintiff and then hit Plaintiff with the mop wringer. Plaintiff instinctively jumped up from the bed and grabbed inmate Dean, pushing him into the corner of the cell, and in the course of the ensuing struggle the cell door was locked. Since Plaintiff could not see he held inmate Dean in a bear hug fashion and yelled for help (see exhibits # 3 through # 6, attached hereto and incorporated herein by reference).
29. When another inmate orderly, Arthur London, approached Plaintiff's cell door and saw what the commotion was about he signalled for defendant Sergeant Duncan to open Plaintiff's cell door (see exhibits # 3 and # 6).
30. When the cell door was unlocked Plaintiff pushed inmate Dean aside and ran from the cell into the open day room (see exhibits # 1 through # 6).
31. Inmate Dean then fled from Plaintiff's cell and returned to his own cell (I.E. H5-B-111), locking the door behind him (see exhibits # 1 through # 6).
32. Defendants Officer Flowers and Officer Ward entered H5-B and Plaintiff appraised sic them of what had occurred. Defendant Sergeant Duncan then had Plaintiff escorted to the institutional clinic (see exhibit # 7, attached hereto and incorporated herein by reference).
33. After rinsing Plaintiff's eyes at the institutional clinic, Medical Department personnel had Plaintiff transported to the Fawcett Memorial Hospital for further treatment.
34. At the hospital Plaintiff's eyes were again washed and he was prescribed eye drops and medication for pain. Eye patches were put on both eyes and he was returned to Charlotte Correctional Institution.
35. The Medical Department personnel at Charlotte Correctional Institution kept Plaintiff on observation in the institutional clinic for 24 hours prior to returning him to his cell in H5-B.
36. Plaintiff wore the right eye patch for 24 hours and continued to wear the left eye patch for approximately one week.
37. Following Plaintiff's return to Charlotte Correctional Institution from Fawcett Memorial Hospital he continuously complained to Medical Department personnel of irritation in his eyes and headaches for a significant period of time.
38. On September 24, 1993, Plaintiff declared a psychological emergency and requested to see someone from the Psychological Department. Defendant W.B. Clift, psychologist, responded to Plaintiff's cell and after speaking with Plaintiff advised him that he would be scheduled to see a psychiatrist on September 27, 1993 about his complaints of anxiety, stress, nightmares of inmate Dean assaulting him, paranoia about not being able to sleep without being assaulted, and exhibited concerns about having a nervous breakdown (see exhibit # 8, attached hereto and incorporated herein by reference).
39. On September 27, 1993, Plaintiff was not taken to see the psychiatrist and he declared another psychological emergency. When defendant W.B. Clift came to Plaintiff's cell in response he advised Plaintiff that due to the institution's being under-staffed the earliest the psychiatrist could see him would be on October 22, 1993 (see exhibit # 9, attached hereto and incorporated herein by reference).
40. Prior to being treated by psychologist or psychiatrist at Charlotte Correctional Institution Plaintiff was transferred from Charlotte Correctional Institution to South Florida Reception Center, which is located at P.O. Box 02-8538, Miami, Florida 33102.
41. At the time of Plaintiff's being transferred from Charlotte Correctional Institution the Institutional Inspector, defendant Inspector Charlwood, when questioned by Plaintiff, admitted knowing nothing of the incident described above and proceeded to obtain a written statement from Plaintiff delineating the course of events.
42. After arrival at South Florida Reception Center Plaintiff declared a psychological emergency and was escorted to the institutional clinic where he was refused treatment by Medical Department personnel who instructed him to send a Inmate Request (DC3-005 form) to Psychology Department for an appointment.
43. During the few days that Plaintiff was housed at South Florida Reception Center in an open dormitory he experienced continuous headaches, anxiety, nervousness, and was not able to sleep due to nightmares and paranoia about being assaulted while sleeping.
44. The eye doctor at South Florida Reception Center flushed Plaintiff's eyes and tested Plaintiff's vision to be 20/40. He instructed Plaintiff to wear an eye patch over his left eye.
45. After arrival at Hendry Correctional Institution the eye doctor following examination informed Plaintiff that he had a waxy build-up on his eyes, prescribed medication, and instructed Plaintiff to wash his eyes with warm water each morning.
46. An inquiry directed to the Classification Department at Hendry Correctional Institution indicates that no precautions have been taken to avoid Plaintiff's being housed at the same facility with inmate Terry Dean (see exhibit # 10, attached hereto and incorporated herein by reference).

Plaintiff claims that Defendants had a duty to keep him safe and that they were negligent in their duty.

Plaintiff seeks a declaratory judgment that Defendants' alleged actions amounted to deliberate indifference to his constitutional rights; a preliminary and permanent injunction against Defendants enjoining them from housing Plaintiff at any facility where inmate Terry Dean is or may be housed; compensatory damages, punitive damages, attorney's fees and costs, and "such other and further relief that this court deems just and proper."

Defendants filed a motion to dismiss for failure to state a claim on January 6, 1995 (Doc. No. 18). Plaintiff responded on January 19, 1995 (Doc. No. 19). On January 27, 1995, the Court warned Plaintiff of the consequences of the Court's granting the motion to dismiss and ordered him to file a response. Plaintiff filed the court-ordered response on February 15, 1995 (Doc. No. 21).

Standard for Dismissal

In determining whether to grant a Fed.R.Civ.P. 12(b)(6) motion, the Court considers the allegations in the complaint. For purposes of the motion to dismiss, the complaint is construed in the light most favorable to Plaintiff and its allegations are taken as true. 5 C. Wright and A. Miller, Federal Practice and Procedure § 1357 (1969). A motion to dismiss will be denied unless it appears beyond all doubt that Plaintiff can prove no set of facts in support of his claims that would entitle him to relief. Luckey v. Harris, 860 F.2d 1012, 1016 (11th Cir.1988), reh'g denied en banc, 896 F.2d 479 (11th Cir.1989), and cert. denied, 495 U.S. 957, 110 S.Ct. 2562, 109 L.Ed.2d 744 (1990). In the case of a pro se action, moreover, the Court should construe the complaint more liberally than it would formal pleadings drafted by lawyers. Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 175, 66 L.Ed.2d 163 (1980) (per curiam).

Discussion
A. Applicable Law

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  • Procedural remedies
    • United States
    • James Publishing Practical Law Books Florida Causes of Action
    • April 1, 2022
    ...will not disserve the public interest. Gross v. Barnett Banks, Inc. , 934 F.Supp. 1340 (M.D. Fla. 1995). See also Gangloff v. Poccia , 888 F.Supp. 1549 (M.D. Fla. 1995). Note: Federal cases have been cited because state court cases have not clearly commented on this issue. For a state court......

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