Pagan v. Broward County Sheriff, 101918 FED11, 17-13439

Docket Nº:17-13439
Opinion Judge:PER CURIAM
Party Name:MATTHEW A. PAGAN, Plaintiff-Appellant, v. BROWARD COUNTY SHERIFF, OFFICER SCOTT ISRAEL, Broward Sheriff's Office, ARMOR CORRECTIONAL HEALTH, INC., MEDICAL HEALTH CARE FOR BROWARD COUNTY JAIL, OLOSMAR, Commissary Company for Broward County Jail, et al., Defendants-Appellees.
Judge Panel:Before WILLIAM PRYOR, NEWSOM, and ANDERSON, Circuit Judges.
Case Date:October 19, 2018
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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MATTHEW A. PAGAN, Plaintiff-Appellant,

v.

BROWARD COUNTY SHERIFF, OFFICER SCOTT ISRAEL, Broward Sheriff's Office, ARMOR CORRECTIONAL HEALTH, INC., MEDICAL HEALTH CARE FOR BROWARD COUNTY JAIL, OLOSMAR, Commissary Company for Broward County Jail, et al., Defendants-Appellees.

No. 17-13439

United States Court of Appeals, Eleventh Circuit

October 19, 2018

DO NOT PUBLISH

Appeal from the United States District Court for the Southern District of Florida No. 0:15-cv-60209-WPD

Before WILLIAM PRYOR, NEWSOM, and ANDERSON, Circuit Judges.

PER CURIAM

Matthew Pagan, a prisoner proceeding pro se, appeals a jury verdict in favor of the Broward County Sheriff's Office in his 42 U.S.C. § 1983 action for violation of his First Amendment right to access to the court. He raises five claims on appeal, contending that the district court (1) violated his Sixth Amendment rights by denying his request for recess or adjournment to allow his lawyers to review voluminous, untimely discovery produced at trial, thereby constructively denying him the effective assistance of counsel; (2) abused its discretion in denying the recess; (3) erred by declining to give the jury a curative instruction after opposing counsel discussed inadmissible evidence on cross-examination; (4) erred by failing to question a juror who allegedly slept through part of the trial; and (5) gave jury instructions that impermissibly deviated from applicable law. Having found no reversible error, we affirm.

I

Pagan first contends that the district court should have granted his request to recess for the day to allow his lawyers to "review several hundred pages of never before seen documents submitted by the Appellee the day of trial"-specifically, Pagan's medical file, relevant personnel files, and contact logs kept by the Sheriff's office. The alleged error, Pagan contends, is serious enough to violate his Sixth Amendment rights, and also qualifies as an abuse of discretion by the district court.

A plaintiff in a civil case has no constitutional right to counsel. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). Pagan's § 1983 claim is a civil action. Accordingly, the district court could not have (even constructively) violated Pagan's Sixth Amendment rights.

Pagan...

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