Bilal v. GEO Care, LLC, No. 16-11722 (11th Cir. 2020)
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Plaintiff, who is civilly committed and housed in the Florida Civil Commitment Center (FCCC), filed a pro se 42 U.S.C. 1983 action alleging that, during a trip to a court hearing located about 600 miles from the FCCC, defendants restrained, transported, and temporarily housed him in a manner that was inconsistent with professional judgment and therefore violated his Fourteenth Amendment rights. The district court dismissed the case for failure to state a claim.
The Eleventh Circuit reversed the district court's dismissal of plaintiff's Fourteenth Amendment Due Process claims arising from his bathroom-related allegations and his jail-housing claim, as well as the order dismissing defendants for lack of service. However, plaintiff's allegations about the shackles, transport by van instead of airplane, the stale sandwich he was given, and the driving speeds fail to state a Fourteenth Amendment claim. Therefore, the court affirmed the district court's dismissal order in all other respects, remanding for further proceedings.
The court issued a subsequent related opinion or order on November 23, 2020.
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