Magluta v. Samples, 00-12540
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
| Citation | 256 F.3d 1282 |
| Docket Number | No. 00-12540,00-12540 |
| Parties | (11th Cir. 2001) SALVADOR MAGLUTA, Plaintiff-Appellant, v. F.P. SAM SAMPLES, MICHAEL W. GARRETT, FRED STOCK, MICHAEL BELL, JOEL KNOWLES, et al., Defendants-Appellees |
| Decision Date | 13 July 2001 |
Page 1282
v.
F.P. SAM SAMPLES, MICHAEL W. GARRETT, FRED STOCK, MICHAEL BELL, JOEL KNOWLES, et al., Defendants-Appellees.
FOR THE ELEVENTH CIRCUIT
Appeal from the United States District Court for the Northern District of Georgia. D. C. Docket No. 94-02700-CV-ODE-1.
Before CARNES, COX and NOONAN*, Circuit Judges.
PER CURIAM:
I. BACKGROUND
In April 1991, Salvador Magluta was indicted in the Southern District of Florida on various charges involving cocaine trafficking. The United States Marshals Service apprehended Magluta in October 1991 and placed him in federal custody. Following his arrest, Magluta was held in three different federal facilities -- first in Miami, then in Talledega, and later in Atlanta -- before reaching trial in 1996. He was acquitted.
Magluta filed this Bivens1 action in 1994
Page 1283
during his pretrial detention at the United States Penitentiary in Atlanta. The complaint asserts a variety of constitutional claims relating to the conditions of his confinement against fourteen federal officials. The defendants filed a Rule 12(b) motion to dismiss. The ten non-resident defendants sought dismissal on Rule 12(b)(2) grounds asserting lack of personal jurisdiction; the four Georgia residents sought dismissal on 12(b)(6) grounds, asserting failure to state a claim and, alternatively, qualified immunity. The district court dismissed the ten non-resident defendants, concluding that they were not subject to the jurisdiction of the court. We previously affirmed that dismissal.
Four defendants remain: F.P. Sam Samples, Michael W. Garrett, Fred Stock, and Michael Bell. Samples and Garrett are alleged to have been the Regional Director and Deputy Regional Director, respectively, of the Bureau of Prisons (Southeast Regional Office). Stock and Bell are alleged to have been the Warden and Associate Warden, respectively, at the United States Penitentiary in Atlanta, Georgia.
All of Magluta's claims relate to the conditions of his confinement as a pretrial detainee. The centerpiece of his complaint, and his brief on appeal, is his Fifth Amendment due process claim. The complaint alleges that he was placed in solitary confinement -- the "hole" -- through a series of detention orders at four different federal prisons, including Atlanta, for cumulatively more than 721 days. Magluta alleges this lengthy and harsh pretrial detention was solely for the purpose of punishment or retribution, was not justified by any legitimate institutional concerns, and was imposed by various detention orders without notice, a hearing, or meaningful review. This, Magluta alleges, violates the Due Process Clause of the Fifth Amendment.
The district court dismissed all claims against the four resident defendants pursuant to Fed. R. Civ. P. 12(b)(6), concluding that the complaint failed to state a claim.
II. ISSUES ON APPEAL
Magluta's brief on appeal argues that the complaint alleges five viable constitutional claims with sufficient particularity to survive 12(b)(6) dismissal. Magluta's brief characterizes the claims as follows. Count One is the Fifth Amendment due process claim based upon Magluta's lengthy and harsh pretrial detention. Count Two alleges a due process and Eighth Amendment claim based upon the deliberate indifference prison officials demonstrated to Magluta's serious medical needs and the conditions of his pretrial detention. Count Four alleges a violation of the Free Exercise Clause of the First Amendment. Count Five asserts a due process claim based upon the totality of the circumstances of Magluta's pretrial detention. Count Six is said to be based upon the First Amendment right of access to the courts, and alleges that the conditions of Magluta's confinement were imposed in retaliation for his having filed lawsuits...
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...requirements. GJR Investments, Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998); see also Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir.2001) (recognizing that, in the Eleventh Circuit, a complaint must be pleaded with "heightened specificity ... in civil rights act......
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...§ 1532(5)(A). 3 Plaintiffs have improperly incorporated all allegations of each count in every successive count. Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001); Cramer v. State of Florida, 117 F.3d 1258, 1263 (11th Cir. 1997). 4 See footnote...
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Hayden v. Alabama Dep't of Public Safety, Civil Action No. 2:06cv948-ID (WO).
...requirements. GJR Investments, Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998); see also Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir.2001) (recognizing that, in the Eleventh Circuit, a complaint must be pleaded with "heightened specificity ... in civil rights act......
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CONSERVANCY of Sw. Fla. v. UNITED States FISH, Case No. 2:10-cv-106-FtM-SPC
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