Thomas J. Sahrow v. Charlotte Correctional et al.
United States District Court for the Middle District of Florida
Thomas J. Sahrow v. Charlotte Correctional et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THOMAS J. SAHROW,
Plaintiff,
v. Case No.: 2:25-cv-00813-SPC-NPM
CHARLOTTE CORRECTIONAL et
al.,
Defendants,
/
OPINION AND ORDER
Before the Court is Plaintiff Thomas J. Sahrow’s Complaint for Violation
of Civil Rights (Doc. 1). Sahrow is a prisoner of the Florida Department of
Corrections (FDOC), and he sues a vague and unspecified group of FDOC
officials under 42 U.S.C. § 1983. Sahrow is proceeding in forma pauperis, so
the Court must review his complaint to determine if it is frivolous or malicious,
seeks monetary damages against a party immune from such relief, or fails to
state a claim. See 28 U.S.C. § 1915(e)(2).
Federal Rule of Civil Procedure 12(b)(6) provides the standard for
screening complaints under § 1915(e)(2). Mitchell v. Farcass, 112 F.3d 1483,
1485 (11th Cir. 1997). That means the Court must accept all factual
allegations in the complaint as true and view them in a light most favorable to
the plaintiff. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The preferential
standard of review, however, does not let all pleadings adorned with facts
survive to the next stage of litigation. The Supreme Court has been clear on
this point—a district court should dismiss a claim when a party does not plead
facts that make the claim facially plausible. See Bell Atl. Corp. v. Twombly,
550 U.S. 544, 570 (2007). A claim is facially plausible when a court can draw
a reasonable inference, based on facts pled, that the opposing party is liable for
the alleged misconduct. See Iqbal, 556 U.S. at 678. This plausibility standard
requires “more than a sheer possibility that a defendant has acted unlawfully.”
Id. (citing Twombly, 550 U.S. at 557 (internal quotation marks omitted)). And
a plaintiff must allege more than labels and conclusions amounting to a
formulaic recitation of the elements of a cause of action. Twombly, 550 U.S. at
555.
Sahrow files his complaint under 42 U.S.C. § 1983. To state a § 1983
claim, a plaintiff must allege that (1) the defendant deprived him of a right
secured under the Constitution or federal law, and (2) the deprivation occurred
under color of state law. Bingham v. Thomas, 654 F.3d 1171, 1175 (11th Cir.
2011) (citing Arrington v. Cobb Cnty., 139 F.3d 865, 872 (11th Cir. 1998)). In
addition, a plaintiff must allege and establish an affirmative causal connection
between the defendant’s conduct and the constitutional deprivation. Marsh v.
Butler Cnty., Ala., 268 F.3d 1014, 1059 (11th Cir. 2001).
Sahrow’s complaint is light on details. It alleges another inmate sexually
assaulted Sahrow in the dish washing area. As best the Court can tell, the
other inmate grabbed Sahrow’s buttocks and threatened to rape him. Sahrow
states that no one else was involved, but he claims the incident would not have
happened if Charlotte C.I. had better security. He seeks $150,000 in
compensatory damages for mental injuries.
Sahrow’s complaint fails to state a claim. First, the complaint does not
name any proper defendant. The only identifiable person Sahrow sues is
FDOC secretary Ricky Dixon. But Sahrow does not allege Dixon engaged in
any unconstitutional conduct. It is well established in the Eleventh Circuit
“that supervisory officials are not liable under § 1983 for the unconstitutional
acts of their subordinates on the basis of respondeat superior or vicarious
liability.” Myrick v. Fulton Cnty., Ga., 69 F.4th 1277, 1297 (11th Cir. 2023)
(internal quotation marks and citation omitted). The other listed defendants
are the “Head of Security” and “food service” at Charlotte C.I. and “all encluded
[sic] staff.” (Doc. 1 at 1-3). To proceed in this action, Sahrow must name as
defendants the official(s) who harmed him by violating his constitutional
rights.
Second, Sahrow’s factual allegations do not support a cause of action.
The Eighth Amendment’s “prohibition on cruel and unusual punishments
requires prison officials to ‘take reasonable measures to guarantee the safety
of the inmates.’” Cox v. Nobles, 15 F.4th 1350, 1357 (11th Cir. 2021) (quoting
Farmer v. Brennan, 511 U.S. 825, 832 (1994)). “But that does not mean that
prison officials are liable for every act of inmate-on-inmate violence.” Daniels
v. Felton, 823 F. App’x 787, 789 (11th Cir. 2020). A plaintiff must demonstrate
three elements to establish a failure-to-protect claim: (1) prison conditions
posing a substantial risk of serious harm; (2) a prison official’s deliberate
indifference to that risk; and (3) causation. Cox, 15 F.4th at 1358. The
complaint does not establish any of the three elements.
According to the allegations in the complaint, the only wrongdoer here
was the inmate who assaulted Sahrow. But if Sahrow believes he can state a
claim against one or more officials for failing to protect him from the inmate,
he may file an amended complaint. An amended complaint must contain “a
short and plain statement of the claim showing that the pleader is entitled to
relief,” and it must state Sahrow’s claims “in numbered paragraphs, each
limited as far as practicable to a single set of circumstances.” Fed. R. Civ. P.
8(a) and 10(b).
Accordingly, it is
ORDERED:
1. Sahrow’s complaint (Doc. 1) is dismissed without prejudice for
failure to state a claim.
2. Sahrow may file an amended complaint by November 26, 2025.
Otherwise, the Court will enter judgment and close this case.
3. The Clerk is directed to send Sahrow a civil-rights complaint form
bearing the title “Amended Complaint” and the above-captioned case
number.
DONE AND ORDERED in Fort Myers, Florida on November 5, 2025.
, tit WOblatet he 7
UNITED STATES DISTRICT JUDGE
SA: FTMP-1
Reference
- Status
- Unknown