US District Court Southern District of Florida (Miami) - United States ...

Case 1:09-cv-22905-JAL Document 56 Entered on FLSD Docket 04/21/2011 Page 2 of 15
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Stringer v. Jackson, et al.
Case No. 09-22905-Civ-Lenard/White
―admitted that he does not take back erroneous commissary orders‖ and refused to provide the
Plaintiff with records of the commissary order in question. Id.
Plaintiff proceeds to allege that Jackson and Harris ―retaliated against the plaintiff
because of his proclivity to file grievances,‖ as well filing lawsuits against other staff members
from the Miami-Dade County Corrections and Rehabilitation Department, including Case No.
08-21877-CV-Cooke. Id. at 5. Specifically, Plaintiff contends that Harris and Jackson retaliated
by ―caus[ing] the Plaintiff to be illegally transferred to much harsher and more dangerous jail
conditions,‖ and claims he ―will further show evidence of illegal transfers to other jails and cells
in which ‗a hit‘ (an order for serious harm or murder) was put out on the plaintiff, at the express
direction of one of more of the defendant‘s [sic].‖ Plaintiff claims that an ―official report‖ of a
―hit‖ attempted on his life exists, which ―occurred at the Miami-Dade County Main Jail on or
about May 1, 2010.‖ Id. 1
Plaintiff concludes by maintaining that retaliatory actions by both Jackson and Harris
have led him to suffer ―actual losses of property, money, commissary, [and] legal materials,‖
while also ―preventing, delaying, [and] obstructing Court access [and] deliberately putting the
[P]laintiff in danger, in fear for his life, caus[ing] irreversible harms, suffering and loss to the
[P]laintiff.‖ Id. at 5-6.
II. STANDARD OF REVIEW
To survive a motion to dismiss, a complaint must contain factual allegations which are
―enough to raise a right to relief above the speculative level.‖ Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 555 (2007). Thus, ―[w]hile a complaint attacked by a Rule 12(b)(6) motion to
dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the ‗grounds‘
of his ‗entitle[ment] to relief‘ requires more than labels and conclusions, and a formulaic
recitation of the elements of a cause of action will not do.‖ Id. at 555 (citations omitted).
Rather, the facts set forth in the complaint must be sufficient to ―nudge the[ ] claims across the
1 Plaintiff also sets forth a number of allegations pertaining to the Miami-Dade County
Corrections and Rehabilitation Department (―MDCR‖). See D.E. No. 48 at 7. However, the
Court has already unequivocally dismissed MDCR as a defendant in this action. See D.E. No. 32
at 2 (holding that ―the Court DISMISSES Plaintiff‘s claims against Defendant Miami-Dade
Corrections and Rehabilitation Department and Plaintiff‘s remaining claims against Defendants
Jackson and Harris shall be allowed to proceed.‖) Accordingly, Defendants‘ Motion to Dismiss
need not address these allegations against MDCR.