Robert D. Kornagay v. R. Tabil et al.

Summary

The United States District Court for the Middle District of Florida ruled on motions to dismiss claims brought by prisoner Robert D. Kornagay under 42 U.S.C. § 1983. The court dismissed without prejudice the claims against several defendants, including claims involving failure to protect, deliberate indifference to serious medical needs, and conspiracy, but allowed retaliation and failure-to-protect claims against Rami Tabil and Edgardo Cadiz-Baez to proceed. The court also denied qualified immunity at the pleading stage as to those surviving claims.

Holdings

1. Kornagay exhausted available administrative remedies for his claims against Tabil, Cadiz-Baez, Snider, Dawson, Scarpati, and Gahrmann.
2. The complaint plausibly stated a First Amendment retaliation claim against Tabil based on retaliation for Kornagay's prior lawsuit and grievances.
3. The complaint plausibly stated failure-to-protect claims against Tabil and Cadiz-Baez, but not against Snider, Dawson, Scarpati, or Gahrmann.
4. The complaint did not plausibly state Eighth Amendment deliberate-indifference claims against Zabala or Noe.
5. The complaint did not plausibly state a § 1983 conspiracy claim against Noe, Zabala, and Gahrmann.
6. Qualified immunity did not warrant dismissal of the surviving claims against Tabil and Cadiz-Baez at the pleading stage.

Questions Presented

1. Whether Kornagay exhausted available administrative remedies for his claims against the FDOC defendants.
2. Whether the complaint plausibly stated a First Amendment retaliation claim against Tabil.
3. Whether the complaint plausibly stated Eighth Amendment failure-to-protect claims against Tabil, Cadiz-Baez, Snider, Dawson, Scarpati, and Gahrmann.
4. Whether the complaint plausibly stated Eighth Amendment deliberate-indifference-to-serious-medical-needs claims against Zabala and Noe.
5. Whether the complaint plausibly stated a § 1983 conspiracy claim against Noe, Zabala, and Gahrmann.
6. Whether qualified immunity protected Tabil and Cadiz-Baez from the claims that survived the pleading review.

Disposition

other