Gregory Jodi Jeloudov v. William D. Snyder

USCA11 Case: 21-12392 Date Filed: 08/18/2022 Page: 1 of 14 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-12392 Non-Argument Calendar ____________________ GREGORY JODI JELOUDOV, Plaintiff-Appellant, versus WILLIAM D. SNYDER, Sheriff of Martin County, Florida, CORY GITLIN, Deputy, KEVIN KRYZDA, Supervisor, DEPUTY CASTORO, Individually, MARTIN COUNTY, FLORIDA, DANIEL J. BONGINO, USCA11 Case: 21-12392 Date Filed: 08/18/2022 Page: 2 of 14 2 Opinion of the Court 21-12392 an individual, et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 2:21-cv-14248-AMC ____________________ Before WILSON, LUCK, and ANDERSON, Circuit Judges. PER CURIAM: Gregory Jodi Jeloudov appeals the district court’s order dis- missing the amended complaint as a shotgun pleading. We affirm. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Jeloudov sued Martin County Sheriff William Snyder, three of his deputies (Cory Gitlin, Kevin Kryzda, and “Deputy Castoro”), and an individual, Daniel Bongino, for violating Jeloudov’s consti- tutional rights under 42 U.S.C. section 1983 and 18 U.S.C. section 242. The original complaint was forty-two pages and 156 para- graphs and also attached twenty-two pages of exhibits. Jeloudov alleged that the defendants: (1) violated the Fourth and Fourteenth Amendments and the Privileges and Immunities Clause by USCA11 Case: 21-12392 Date Filed: 08/18/2022 Page: 3 of 14 21-12392 Opinion of the Court 3 discriminating on the basis of transgender status; (2) violated the Americans with Disabilities Act and the Rehabilitation Act by “ig- noring” requests for help; (3) intentionally and negligently inflicted emotional distress; (4) committed gender identity and sexual orien- tation harassment and discrimination, in violation of Florida and federal law; and (5) engaged in a civil conspiracy. The district court struck the original complaint as a shotgun pleading. It explained that “[f]irst, the factual allegations are replete with conclusory, vague, and immaterial facts not obviously con- nected to any particular cause of action such that the [c]ourt cannot determine the factual or legal bases for the claims.” Also, the dis- trict court wrote that it couldn’t “determine what any of the [d]efendants’ alleged roles were because the [c]omplaint assert[ed] each [c]ount against all [d]efendants, despite stark differences in al- leged wrongs against [p]laintiff.” Finally, it pointed out, “[i]n addi- tion to being largely incomprehensible, none of the [c]omplaint’s averments describe[d] with any cogency the nature of [p]laintiff’s claims, the events from which those claims arose, or the precise cause of action at issue—constitutional, statutory, tort, or other- wise.” The district court gave Jeloudov a chance to amend, but it required that the amended complaint be no longer than twenty- five pages and warned that failure to comply would result in dis- missal of the case. Jeloudov filed an amended complaint against Sheriff Snyder, three of his deputies (Kyrzda, Buckley, and Castoro), and Mr. Bongino, and added Martin County and Governor Ron DeSantis as USCA11 Case: 21-12392 Date Filed: 08/18/2022 Page: 4 of 14 4 Opinion of the Court 21-12392 defendants. The amended complaint relied on seven alleged inci- dents: …

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