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against four defendants: (1) attorneys Phyllis Cook and Syed Muhammad Faisal
Afzal, 1 individually and in their official capacities as Broward County assistant
public defenders, (2) the Broward County Sheriffs Office, and (3) Broward
County.
In his initial complaint, Grider alleged that he was subjected to an unlawful
psychiatric program that was imposed upon him without notice, a hearing, or an
opportunity to object. He claimed that Cook, his public defender in criminal court,
obtained an order declaring Grider incompetent to stand trial without Griders
consent and with full knowledge that Grider was not mentally ill. Grider claimed
The record includes references to this attorney that misspell his name. The Florida Bar
directory indicates that the correct spelling of his name is Syed Muhammad Faisal Afzal.
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that Afzal, his public defender in mental health court, ignored Griders instructions
for him to file a motion for reconsideration of the incompetency ruling.
Grider also alleged that while in the custody of Broward County Sheriffs
Office, he suffered numerous due process violations, including being medicated
against his will. Grider alleged that the actions of Cook, Afzal, Broward County,
and the Broward County Sheriffs Office were part of an established custom or
policy and were the result of a conspiracy against Grider.
On September 5, 2012, the magistrate judge recommended that Griders
initial complaint be dismissed for failure to state a claim. Grider objected. The
district court overruled Griders objections, adopted the magistrate judges report,
and dismissed Griders complaint with prejudice.
B.
Court noted that Grider had been charged with first degree arson and that he had
received a competency hearing. Grider v. Cook, 522 F. Appx 544, 546 n.2 (11th
Cir. 2013).2 We held that the district court did not err in dismissing Griders
complaint for failure to state a claim. Id. at 548.
With regard to public defenders Cook and Afzal, this Court noted that the
Supreme Court has held that public defenders do not act under color of state law
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While the record does not reveal the date, Grider was convicted of arson and willful
damage to a dwelling. In June 2013, he was sentenced to five years imprisonment.
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defender Afzal as a defendant but kept as defendants public defender Cook, the
Broward County Sheriffs Office, and Broward County. The amended complaint
also added as defendants (1) attorneys Sandra Mullgrav and Kevin Raudt,
individually and in their official capacities; and (2) John Does 1-10, whose
identities Grider did not know. Mullgrav, from the Office of Criminal Conflict and
Civil Regional Counsel, 3 represented Grider as court-appointed counsel in the state
criminal proceedings when public defender Cook withdrew from her representation
of Grider. When Mullgrav withdrew from her representation of Grider, the state
court appointed Raudt, from the same office, to represent Grider.
Griders amended complaint, filed on December 26, 2013, consisted of a
1983 claim and a state-law claim for intentional infliction of emotional distress.
In regard to the 1983 claim, Grider alleged that his arrest was the direct result of
a program of psychiatric programming and behavior modification therapy that has
been carried out surreptitiously and without [his] consent since at least 2008.
In his pleading and brief, Grider refers to this office as the Office of Regional Conflict
Counsel.
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Grider again alleged that he was subjected to numerous due process violations,
including being medicated with mind altering drugs against his will.
Grider did not identify the individuals who were carrying out the alleged
program as early as 2008, but he alleged that a conspiracy against him grew over
time to include the following: Cook, his public defender in criminal court; the
Broward County Law Office of the Public Defender; Mullgrav and Raudt, his
conflict counsel; Michael Robinson, the Florida criminal court trial judge; Broward
County; the Broward County Sheriffs Office; and John Does 1-10. While Grider
did not name Judge Robinson as a defendant, Grider alleges Judge Robinson found
him incompetent to stand trial in April 2012, and that Griders case was transferred
to a mental health court.
In his amended complaint, Grider still did not plead any specific facts
supporting the conspiracy allegations, other than an allegation that attorney Cook
and Judge Robinson agreed to conspire against Grider during a sidebar at the
competency hearing on April 23, 2012.
Grider alleged that, because the Broward County Sheriffs Office and
Broward County have had actual and constructive notice of Plaintiffs
grievances and have continued in their conspiracy unabated, the alleged
wrongful actions were taken pursuant to an official policy or custom. To support
the existence of an official policy or custom, Grider identified four individualsby
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In its order, the district court also dismissed a motion Grider made to disqualify the
district court judge and the magistrate judge. Grider alleged that the two judges were biased and
that they may have actually participated in the alleged psychological programs.
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We review de novo a district courts sua sponte dismissal for failure to state a claim
under 28 U.S.C. 1915(e)(2)(B)(ii). Hughes v. Lott, 350 F.3d 1157, 1159-60 (11th Cir. 2003).
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Similarly, Grider provides no facts regarding the alleged forcible medication, such as
when he was medicated, by whom, or with what medication.
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Because Grider failed to state a claim against the attorney defendants, his argument that
the attorneys are not entitled to immunity is irrelevant.
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To the extent Grider requests monetary damages for violations of his rights to a fair trial,
to represent himself, and to private counsel, those prayers for relief implicate the validity of his
conviction and are not appropriately brought under 1983. See Heck v. Humphrey, 512 U.S.
477, 487, 114 S. Ct. 2364, 2372 (1994).
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policy or custom, the district court properly dismissed his 1983 claims against
the municipal defendants.
V. GRIDERS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
CLAIM
Although the district court did not explicitly rule on Griders intentional
infliction of emotional distress claim, Griders amended complaint did not provide
more than conclusory allegations as to this claim either, and therefore fails as well.
See Iqbal, 556 U.S. at 678, 129 S. Ct. at 1949. Accordingly, we affirm the district
courts dismissal of the intentional infliction of emotional distress claim against all
defendants. See Bircoll v. Miami-Dade Cnty., 480 F.3d 1072, 1088 n.21 (11th Cir.
2007) (This Court may affirm on any ground supported by the record.).
VI. CONCLUSION
For all of these reasons, the district court did not err in dismissing Griders
amended complaint.
AFFIRMED.
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